Gavin Howe
Marriage to a US citizen does not automatically stop deportation. However, it can provide an opportunity to obtain lawful permanent residency (a green card) and establish legal status in the country. To do so, the couple must prove that the marriage is bona fide and not a sham or fraud to obtain a green card. The non-citizen spouse must also meet certain conditions, such as having entered the country legally and not having any prior deportation orders or criminal convictions. Consulting a qualified immigration attorney is essential to understanding the specific legal pathways and options available.
| Characteristics | Values |
|---|---|
| Marriage to a US citizen prevents deportation | No, marriage alone doesn't prevent deportation. However, it can make it easier to establish legal status in the US. |
| Requirements for establishing legal status | The couple must prove that the marriage is "bona fide" and not a sham or fraud to get a green card. |
| Steps to establish legal status | File Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Adjust Status). |
| Additional steps for those who entered without inspection | Apply for waivers (such as I-601A) to overcome certain barriers to obtaining a green card. |
| Impact of immigration status and history | Entering the US illegally multiple times, staying for extended periods, or re-entering after deportation can make it more difficult to establish legal status. |
| Criminal convictions or immigration violations | These factors can affect an individual's ability to remain in the US, even if married to a US citizen. |
| Role of an immigration attorney | Consulting a qualified immigration attorney is essential to understanding specific options and pathways to legal status. |
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What You'll Learn
Marriage to a US citizen does not automatically stop deportation
Even if married to a US citizen, one may still face removal if they have violated immigration laws, have prior deportation orders, or lack legal entry records. For example, those who entered the US without inspection or overstayed their visa are technically out of status and can be deported under the Immigration and Nationality Act (INA).
However, marriage to a US citizen can provide an opportunity to obtain lawful permanent residency (a green card) and make it easier to establish legal status. After marriage, spouses are legally considered "immediate relatives." To obtain a green card, the US citizen spouse must file a petition, and the non-citizen spouse must also apply and provide supporting documents.
It is important to note that marriages entered primarily for immigration purposes are considered "sham marriages" and carry severe penalties, including jail time. Therefore, while marriage to a US citizen can provide a pathway to legal status, it does not automatically stop deportation, and other factors and requirements must be considered.
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Marriage can help establish legal status
Marriage to a US citizen does not automatically stop deportation. However, it can help establish legal status in the country.
Marriage to a US citizen can provide a pathway to obtaining lawful permanent residency, or a green card. After marriage, spouses are considered "immediate relatives". However, marriage alone does not guarantee a green card. The couple must still prove that the marriage is "bona fide" and not a sham or fraud to obtain a green card. They must supply documents showing an intention to form a life together, such as joint bank statements and lease agreements.
If you entered the US legally and married a US citizen, you can adjust your status and remain in the country. However, if you entered the US unlawfully, you cannot adjust your status and must instead use consular processing. This involves leaving the country to process your immigrant visa status.
Even if you obtain a green card through marriage, you can still be deported if you violate US criminal or immigration laws.
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Spouses are considered immediate relatives
Marriage to a US citizen does not automatically protect one from deportation. However, it can provide an opportunity to obtain lawful permanent residency, or a green card. After marriage, spouses are legally viewed as "immediate relatives".
In the context of immigration law, the scope of immediate relatives of US citizens applying for family-based immigrant visas is broader than that of lawful permanent residents. For US citizens, their immediate relatives are spouses, children, parents, and siblings. For permanent residents, immediate relatives are spouses and unmarried children.
Immediate relatives are the closest family members, which usually include parents, spouses, and children, sometimes including siblings and grandparents. The relationships are created via blood, adoption, and marriage.
Under US law, "immediate family" only includes the spouse, parent, or child of the person making the application. A "child" is considered younger than age 21 and unmarried. Immediate family is a term for members of a person's family unit, including a spouse and children, parents, and siblings. However, the exact definitions of one's immediate family may vary depending on the context.
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Green card applications require multiple forms
Marriage to a US citizen does not automatically protect an individual from deportation. However, it can help establish legal status in the country. After marriage, spouses are legally considered "immediate relatives". To obtain a green card, the US citizen spouse must file a petition for their partner, who must also apply for a green card and support their application with multiple forms and documents.
The first form is Form I-130, or the Petition for Alien Relative. This is the immigrant petition, which must be filed by someone else, usually the spouse, although it is possible to file for yourself in some cases. The second form is Form I-485, or the Application to Register Permanent Residence or Adjust Status. This is the Green Card application form.
In addition to these two forms, there may be other forms and documents required depending on the individual's case. For example, waivers such as Form I-601A may help overcome certain barriers to obtaining a green card. If an individual has been convicted of committing a criminal offense, committed immigration fraud, or was unlawfully present in the US, they may need to apply for a waiver with supporting documentation.
It is important to note that the process of obtaining a green card through marriage does not guarantee protection from deportation. Immigration authorities consider various factors when determining deportability, including immigration status, entry history, and compliance with US immigration laws. Even with a green card, individuals may still be deported if they violate criminal or immigration laws.
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Marriage must be bona fide
Marriage to a US citizen does not automatically protect an individual from deportation. Even if an individual obtains a green card through their marriage to a US citizen, deportation is still possible if they violate any of the country's criminal or immigration laws.
To obtain a green card through marriage, the US citizen spouse must file a petition for their spouse. The non-citizen spouse must then apply for a green card, supporting their application with various forms and documents. In some cases, they may also need to apply for a waiver with supporting documentation. This may be necessary if they have been convicted of committing a criminal offense, committed immigration fraud, or were unlawfully present in the US.
To prove that a marriage is bona fide, couples must provide documentation showing an intention to form a life together, such as joint bank statements and lease agreements. Applicants who are already in the US must also pass an interview, where they may be questioned separately, and their answers compared. If the non-citizen spouse has been placed into removal proceedings, there is a presumption that the marriage was entered into solely to gain an immigration benefit.
The Immigration Marriage Fraud Amendments Act of 1986 amended § 1325 by adding § 1325(c), which imposes a penalty of up to five years' imprisonment and a $250,000 fine for any "individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws." USCIS does not recognize certain relationships as marriages, even if they are valid in the place of celebration, including civil unions, domestic partnerships, proxy marriages (unless consummated), and relationships entered into for purposes of evading immigration laws.
In summary, while marriage to a US citizen can provide an opportunity to obtain lawful permanent residency, it does not automatically prevent deportation. To successfully establish legal status, it is essential to consult a qualified immigration attorney and take the necessary steps to adjust one's status.
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Frequently asked questions
Marriage to a US citizen can help you obtain lawful status, but it doesn't automatically protect you from deportation. It may, however, open pathways to adjust your status or apply for relief.
To get a green card, your US citizen spouse must file a petition for you. You must then apply for a green card and support your application with numerous additional forms and documents. You must also prove that your marriage is legitimate and not a sham.
Some options include adjustment of status for some reason other than marriage, inadmissibility waiver, asylum, a U-visa, and voluntary departure.
