Applicants of conditional green cards going through deportation proceedings are often in distress wondering what they can or cannot do. One of the most pressing questions that bother their minds is whether or not they can get a marriage green card.
This article will answer this question and provide some other information you’ll find useful during removal proceedings. Meanwhile, you’re strongly advised to hire an experienced immigration attorney to guide you through the process and prepare you for immigration court proceedings.
Can You Get a Green Card with a Deportation Order?
You’re not eligible to apply for a green card in the U.S. if you’ve previously been ordered deported. Regardless of whether you were ordered deported after missing the Immigration Court summons or because the immigration judge denied your application, you’re ineligible.
This is an outstanding order of deportation for a non-citizen and it makes you ineligible to apply for a green card; you’ll need to reopen the case. You will first need to remove the deportation order by applying in the court that issued the order or with the Immigration Service.
Can I Get Married While in Removal Proceedings?
You can get married while in removal proceedings; this will make you eligible for adjustment of immigration status. If you get married to a U.S. citizen while in deportation proceedings, you can apply to adjust your status to legal permanent resident status.
This adjustment of status will be an additional relief from deportation; you can request a merits hearing before the judge. This adjustment status or consular processing in immigration court is similar to adjusting before USCIS, but the judge determines whether to approve or deny your request.
Can You Marry Someone Facing Deportation?
If you’re a green card holder and are in a romantic relationship with someone in removal proceedings, you can marry them. However, your foreign national spouse needs to prove to the United States Citizenship and Immigration Services, USCIS, that the marriage is legitimate.
Such must prove that it is a good faith marriage, not for escaping immigration laws or gaining access to immigration benefits. The Immigration and Nationality Acts (INA) penalizes defaulters; such will face severe criminal penalties, including fines, jail time, immediate deportation and outright green card denial.
Can Marriage Stop Deportation?
Marriage to a U.S. citizen alone is not enough to stop deportation, although it makes it easier to establish your legal status. Moreover, it is highly unlikely that an undocumented foreign national with a deportation order living in the U.S can get married.
There is a process that intending couples in the U.S. must undergo to get married legally, and the USCIS will investigate you. If your case lets you challenge or appeal the deportation order, you may be allowed to remain if the judge approves.
Can You Marry a U.S. Citizen After the Removal Case Commences?
You can marry a U.S. citizen spouse after the removal case has commenced, but it won’t be easy. At this point, there is heightened suspicion higher than normal that the marriage was held to obtain the green card.
Unless there are children between you, it will be hard to convince the immigration officer that your marital relationship is valid. The least substantial documentary evidence you’ll provide to have a chance will be to prove the years of cohabitation.
When Can You File the Initial Immigrant Petition?
The U.S. spouse can file the initial immigrant visa petition, or form I-130 any time during the deportation process. Such can file the form with the USCIS keeping in mind the issue of couples contemplating marriage during the case.
Once the I-130 is approved, you can file for waivers to waive immigration violations before applying for the green card. However, you can’t file the waivers while the deportation court proceedings are pending; it must be final before the immigration appellate body.
Can You Get Married After Being Arrested by ICE?
Getting married after the ICE has arrested you will be difficult; you’d best wait till after getting out. After an arrest, a foreign national is held in a detention facility; they may be released if the couple can pay the bond granted by a presiding justice. If they are able to pay and the non-citizen gets out, this would be the best time to get married
Sometimes, couples marry right away to avoid getting picked up by the U.S. Immigration and Customs Enforcement. While marriage can be a defense to deportation, it is not easy; you will need the intervention of an experienced immigration lawyer.
Who Can Apply for Adjustment of Status Based on Family in Removal Proceedings?
If you recently got married but are an undocumented immigrant in the U.S, you can apply for a green card through a family member. A U.S. citizen or permanent resident family member can apply for adjustment of status even if you’re already in removal proceedings. However, before you even apply for status adjustment, you first need to find out if you meet underlying criteria.
What Are the Eligibility Requirements for Status Adjustment?
You are eligible to apply to adjust status and become a lawful permanent resident if you meet the following underlying eligibility criteria and can get the best attorney advertising:
- You entered the U.S. lawfully – that is, you were authorized to enter, inspected, and admitted at the port of entry.
- You’re admissible for adjusting status and not subject to bars from entry into the U.S.
- You have a qualifying and not an alien relative who is a United States citizen or lawful permanent residence citizen or came in via a bona fide marriage.
- You have a visa petition filed by the U.S. relative on your behalf and approved by the USCIS which allows you to enjoy every immigration benefit.
- You have no violations and an immediately available priority date or visa number upon lawful entry which may be presented by the consulate abroad.
Who Can Adjust Status under I.N.A. Section 245(I)
If you’re undocumented or violated your immigration status, you can still adjust status under an old section of the immigration laws. That is if you’re a beneficiary of a visa petition submitted to the Department of Labor or USCIS on or before April 30, 2001.
What Proof Do You Need to Establish Your Marriage’s Legality?
If you’re getting married while in removal proceedings, you will need to provide clear and convincing evidence that the marriage is genuine.
The documents or pieces of evidence that you or your immigration lawyer may need to submit when making contact with the appropriate agency include:
- Your courtship and wedding pictures that must clearly show you with your spouse,
- Proof of shared property or cohabitation with your spouse as well as statements for joint accounts, bills, or insurance policies,
- Your children’s birth certificates, with statements from friends and family members about your relationship with the said spouse.
Herman Legal Group Can Help You With That Green Card Application
Do you need a sound lawyer who is versed in immigration law and has worked with different immigrants in the United States? Then, Herman Legal Group is the perfect place to find such a lawyer you can establish contact with. Every immigration attorney in the law firm is versed in different practice areas, meaning you don’t have to worry about your marriage green card when you hire an attorney from Herman Legal Group.
To get started with your case, you have to contact us via +1-800-808-4013 or +1-216-696-6170 to schedule a consultation. This can be done in-office or virtually through Skype, Zoom, Facetime, Google Meet or any other software. Alternatively, you can schedule a consultation with Richard Herman, the best immigration attorney in the U.S. by booking online.
If you’re facing deportation proceedings as immigrants, your best defense mechanism is through an attorney client relationship at any law firm. An attorney can help you understand your predicament and how to get out of it, – for example, through bona fide marriage exemption. They can also help you obtain and submit the right pieces of evidence and documents to the appropriate government agencies
Getting married just to get out of one’s home country or for immigration purposes is grounds for green card denial and any other possible removal. We recommend that you contact your immigration lawyer before you submit any document or file any application to the government to help you determine the quality of your case.