Get answers to the top 5 most-asked immigration questions on Reddit for the week of February 24, 2025:
- Why does the U.S. immigration process take so long?
- Do undocumented citizens have constitutional rights?
- If you marry an immigrant, are you fiscally responsible for them?
- I’m a foreigner who’s married to a U.S. citizen of the same sex. I’m in the process of applying for a marriage-based green card with the hope of eventually becoming a U.S. citizen. If the new administration declines to federally recognize same-sex marriage in the future, how would that affect my immigration status?
- Is there any evidence that the Trump administration will pursue denaturalization efforts?
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Disclaimer: While Boundless is authorized to own and operate our law firm, this response is coming from our research team, not our attorneys. The information we provide on this page is not legal advice.
#1: Why does the U.S. immigration process take so long?
The U.S. immigration process is notoriously slow due to high demand, strict annual visa limits, and government backlogs. Many green card and visa categories have annual caps, which create multi-year wait times — especially for applicants from countries with high immigration rates, like India, China, Mexico, and the Philippines. Additionally, bureaucratic inefficiencies, security checks, and policy changes can further delay processing. External factors like COVID-19 backlogs, government shutdowns, and staffing shortages at agencies like USCIS and the State Department have also contributed to long processing times.
#2: Do undocumented citizens have constitutional rights?
Yes. While undocumented immigrants are not U.S. citizens, they do have constitutional rights under the 5th and 14th Amendments, which guarantee due process and equal protection under the law. This means they have rights like freedom of speech, protection against unlawful searches and seizures, and access to legal counsel in criminal cases (among other rights). However, their rights are more limited in some areas, such as eligibility for federal benefits or the ability to re-enter the U.S. after deportation.
#3: If you marry an immigrant, are you fiscally responsible for them?
If you sponsor your spouse for a green card, you must sign an Affidavit of Support (Form I-864), which makes you financially responsible for them. This legal contract requires you to support your spouse at 125% of the federal poverty level until they become a U.S. citizen, work 40 qualifying quarters (about 10 years), permanently leave the country, or pass away. Even if you divorce, this financial obligation still applies unless specific conditions are met.
#4: I’m a foreigner who’s married to a U.S. citizen of the same sex. I’m in the process of applying for a marriage-based green card with the hope of eventually becoming a U.S. citizen. If the new administration declines to federally recognize same-sex marriage in the future, how would that affect my immigration status?
Even if the administration refused to recognize same-sex marriage, your immigration status would likely remain unchanged unless federal law itself changes. The Defense of Marriage Act (DOMA) was struck down in 2013, and Obergefell v. Hodges (2015) established same-sex marriage as a constitutional right. Unless these decisions are overturned by new legislation or a Supreme Court ruling, your marriage-based green card and path to citizenship should remain valid. However, if laws were reversed, existing green cards might not be retroactively revoked, but future applications could be affected.
#5: Is there any evidence that the Trump administration will pursue denaturalization efforts?
There are strong indications that denaturalization efforts could increase under the current Trump administration. On Day 1 of his presidency, Trump signed an executive order directing the Department of Justice (DOJ) to prioritize denaturalization cases, signaling an immediate and aggressive push to strip citizenship from naturalized Americans accused of fraud.
In addition, Stephen Miller, a key architect of Trump’s first-term immigration policies and Trump’s current homeland security advisor and deputy chief of staff for policy, has explicitly stated that denaturalization efforts will be a priority:
“We started a new denaturalization project under Trump. In 2025, expect it to be turbocharged.” — Stephen Miller (via X)
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