Can Marriage Stop Deportation? Legal Options Explained

Can marrying a U.S. citizen stop a foreign national from being deported? Immigration law experts say sometimes yes, but it’s tough. If a non-citizen facing deportation marries a U.S. citizen, they might get a green card. But, they must prove the marriage is real, not just for immigration benefits.

This is hard when the non-citizen is already facing removal proceedings. There’s a doubt about the marriage’s legitimacy. An immigration lawyer can guide them through the process. This includes showing documents and going through interviews to prove the marriage is real.

Stopping deportation through marriage depends on many things. This includes the person’s immigration history, when they got married, and how strong the evidence is. With the right legal help and preparation, some immigrants might avoid deportation and get legal permanent residence in the U.S.

Marriage and Immigration Status

Applying for a green card through marriage to a U.S. citizen or permanent resident is complex. Couples must show their marriage is real and not just for immigration reasons. This requires a lot of documentation and interviews to prove the bona fide nature of their relationship. For those in deportation proceedings, the challenge is even bigger.

For these individuals, there’s a presumption of marriage not being bona fide. This means they must work harder to prove their marriage is real. They need to show USCIS they plan to live together, with evidence like joint bank statements, lease agreements, and proof of living together before marriage.

Overcoming the Presumption

To beat the non-bona fide marriage assumption, couples need to gather lots of evidence. This includes:

• Joint bank statements and other financial records
• Lease or mortgage agreements showing shared residence
• Photos of the couple together over time
• Testimony from friends and family members
• Evidence of shared responsibilities, such as bills or insurance policies

The more evidence, the better their case looks. This helps convince USCIS that their marriage and immigration case is real. It’s not just for getting a visa petition for spouse or a marriage-based green card.

Adjustment of Status During Deportation Proceedings

For those facing deportation, getting a marriage-based green card can be tricky. If you came to the U.S. legally, like on a visa, you might adjust your status to a permanent resident in court. This is possible if your spousal petition (I-130) gets approved by USCIS.

If you came to the U.S. without permission, things get harder. You can’t adjust your status here. Instead, you must go back home for consular processing of the marriage-based green card. This can be tough because leaving the U.S. might mean you can’t come back for 10 years due to being here illegally.

For those who entered the U.S. without permission, a judge might stop the deportation proceedings. This lets you leave the country. Then, you can apply for a waiver of the unlawful presence bar before coming back for the marriage visa process.

The chance to adjust your status during deportation depends on how you first came to the U.S. If you came legally, you might stay in the country to finish the process. But if you came illegally, you’ll need to go back home for the marriage green card process.

Can Marriage Stop Deportation?

Many people wonder if getting married can stop deportation. The short answer is marriage alone won’t stop an ongoing deportation or removal proceeding. Getting married to someone in the U.S. can lead to a green card, but it doesn’t stop deportation right away.

To stop deportation through marriage, there’s a lot to do. You must prove your marriage is real and sometimes go back to your home country for visa processing. Even after your spouse’s petition is approved, an immigration judge might still decide not to stop your deportation.

Finding your way through these steps is hard. That’s why an experienced immigration lawyer is key for helping you. With the right legal help, marriage can lead to a green card and stop deportation. But, it’s not easy or guaranteed.

Marriage can stop deportation, but it’s not easy or automatic. The legal steps are complex. That’s why an experienced immigration lawyer is crucial for helping you through the process to possibly stop your deportation through marriage.

Cancellation of Removal for Non-Permanent Residents

Foreign nationals without a green card might get relief through “cancellation of removal” to stop deportation. They must have lived in the U.S. for at least 10 years straight. They also need a U.S. citizen or green card holder family member who would face severe hardship if they were deported. Lastly, they must show they have good moral character.

The hardship standard is very strict. It means the family member must face more than usual problems from the deportation. Even if an individual meets these requirements, the immigration judge can still decide not to grant cancellation of removal. It’s important to have strong legal support and evidence.

To show the hardship, the individual might need to provide evidence such as:

• Detailed medical reports about the health and needs of the U.S. citizen or green card holder family member
• Financial records showing how the family depends on the individual’s income and can’t afford to live without it
• Proof of the family member’s ties to the U.S. and the challenges they’d face moving to the individual’s home country

Getting a marriage green card or marriage visa might be another option for some facing deportation. But, the cancellation of removal process is key for those without permanent legal status.

Conclusion

Marriage to a U.S. citizen or permanent resident can help stop deportation and lead to lawful permanent residence. However, the legal process is complex and tough, especially for those already facing deportation. It’s important to prove the marriage is real, understand how the immigrant entered the U.S., and see if they can get relief like cancellation of removal.

Getting help from an experienced immigration lawyer is key to handling these tough issues. They can help increase the chances of stopping deportation through marriage. People facing deportation should talk to a lawyer right away to learn about their options and build a strong case.

The process to get a marriage green card or visa is hard, but the benefits are big. It’s a good choice for those wanting to stop deportation and get legal status in the U.S.