Marriage to a U.S. citizen is often seen as a strong foundation for gaining legal status in the United States. However, many people mistakenly believe that it offers complete protection from deportation. In reality, being married to a U.S. citizen does not automatically guarantee legal status or immunity from removal proceedings.
This article explores the legal facts around deportation and marriage, explains when deportation is still possible, and outlines how immigrants can protect their rights.
What Does Marriage to a U.S. Citizen Provide Legally?
Marriage to a U.S. citizen can be the basis for applying for a green card through adjustment of status or consular processing, depending on the immigrant’s location and current immigration status. The U.S. citizen can file Form I-130 (Petition for Alien Relative), and the immigrant spouse may also be eligible to file Form I-485 (Application to Register Permanent Residence or Adjust Status).
However, marriage alone does not grant legal status. Until the green card is approved, the immigrant may still be considered undocumented or present in the U.S. without authorization.
Situations Where Deportation Is Still Possible
Here are several common scenarios where an immigrant married to a U.S. citizen could still face deportation:
1. Undocumented Entry or Overstaying a Visa
If someone entered the U.S. without inspection (i.e., crossing the border without going through customs) or overstayed their visa, they are still technically removable. Marriage does not erase past immigration violations.
2. Marriage Fraud or Sham Marriage
USCIS and ICE take fraudulent marriages very seriously. If a marriage is suspected to be for immigration benefits only, the immigrant may be denied a green card and referred for deportation.
3. Criminal Convictions
Certain crimes, especially aggravated felonies, drug offenses, or crimes of moral turpitude, can make someone deportable even if they are married to a U.S. citizen.
4. Denied or Withdrawn Petition
If the U.S. citizen spouse withdraws the I-130 petition or the immigrant is denied adjustment of status for any reason, the person may become removable.
5. Pending Immigration Status with No Relief
An immigrant waiting for a green card approval who lacks other legal status (like DACA or TPS) may be placed in removal proceedings if they are arrested or targeted in an immigration enforcement action.
Can Deportation Be Stopped Because of Marriage?
Yes, but only in specific circumstances. Marriage can serve as the foundation for requesting cancellation of removal, adjustment of status, or other forms of immigration relief while in immigration court. However, these forms of relief are not automatic and often require:
- Proof of a valid, good-faith marriage
- No disqualifying criminal history
- Evidence that removal would cause extreme hardship to the U.S. citizen spouse
- Strong documentation and legal representation
What If the Couple Is in the Middle of the Green Card Process?
Being in the process of obtaining a green card may not stop deportation, but it can be helpful. If the immigrant is in removal proceedings, they can usually ask the immigration judge to consider their green card application.
The outcome will depend on:
- The strength of the evidence
- The immigration history of the applicant
- Any prior removal orders or unlawful presence
- Whether the marriage is bona fide
Protective Steps to Take
If you are married to a U.S. citizen and concerned about deportation, here are key actions to take:
- Consult with an immigration attorney early
- Avoid any criminal activity, even minor offenses
- Maintain proper documentation of your marriage (photos, shared bank accounts, lease agreements, affidavits, etc.)
- File your immigration forms correctly and promptly
- Keep track of USCIS notices and attend all appointments/interviews
Final Word
While marriage to a U.S. citizen is a powerful pathway to lawful status, it does not offer absolute protection from deportation. Immigrants must follow the legal steps to adjust their status and avoid actions that could jeopardize their eligibility.
Being proactive, staying informed, and seeking qualified legal support can make the difference between a successful outcome and facing removal. If you’re currently in this situation, don’t wait until a problem arises – address your legal status as early as possible.