Can I Be Deported If I Am Married To A U.S. Citizen?

Can Marriage Stop Deportation? Exploring Myths and Realities by info in Criminal Immigration Lawyer in New York and New Jersey

Navigating the complexities of U.S. immigration law can be incredibly challenging, especially if you are married to a U.S. citizen but unsure of your legal status. Many people believe that marrying a U.S. citizen offers automatic protection against deportation, but this is not the case. Let’s dive deep into the nuances and additional steps involved to ensure that you remain legally in the U.S. even after tying the knot with a U.S. citizen.

The Myth of Automatic Status by Marriage

Marriage Is Just the Beginning

Marrying a U.S. citizen does not automatically grant you immigration status. While marriage is a crucial step, it’s merely the beginning of a more intricate process to secure your stay in the United States.

Immigration Status Post-Marriage

Simply put, you start at square one even after you marry a U.S. citizen. You need to ensure you have the proper application and documentation.

The Petition Process

Your U.S. citizen spouse must file a petition (Form I-130) on your behalf. This is your first step towards obtaining a green card.

The Essential Steps to Avoid Deportation

Filing for a Green Card (Form I-485)

After the petition is approved, you must apply for a green card. This involves a heap of paperwork and thorough documentation of your relationship.

Supporting Documents

You need to provide additional forms, such as an Affidavit of Support, medical examination records, and judicial records if applicable.

Potential Waivers

If you have any past criminal offenses, immigration fraud issues, or periods of unlawful presence, you may need to apply for a waiver to proceed with your green card application.

The Complexities of Waivers

When Your Case Isn’t Straightforward

Sometimes, your case might not be straightforward. In scenarios where you have a past criminal record or issues like immigration fraud, a waiver becomes non-negotiable:

Criminal Offense Waiver

If you’ve been convicted of certain crimes, your path to a green card might involve extra hurdles.

Immigration Fraud Waiver

Honesty is key in immigration matters. If you’ve committed any fraud, proving you have rehabilitated and pose no harm to U.S. society is essential.

Unlawful Presence Waiver

If you’ve overstayed a visa or were unlawfully present, you may need a waiver to address these violations.

Can You Be Deported After Getting a Green Card?

Still Not off the Hook

Even after obtaining a green card, you are not entirely off the hook.

Compliance with Laws

Violating U.S. criminal or immigration laws even after receiving your green card can lead to Deportation.

Criminal Laws

Involvement in serious crimes can be grounds for removal.

Immigration Laws

Any fraud or misrepresentation discovered at a later stage can also result in deportation.

Legal Guidance is Crucial

Navigating Choppy Waters

To navigate these choppy waters, it’s paramount to seek expert legal advice.

Consulting Immigration Lawyers

They can offer tailored advice and ensure you adhere to all necessary legal steps to safeguard your stay in the U.S.

Free Consultation

If you’re unsure about your status or next steps, taking advantage of a free consultation can provide clarity and peace of mind.

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Conclusion

Marrying a U.S. citizen is a significant step but doesn’t provide automatic security against deportation. You need to take further actions, like filing petitions, applying for a green card, and possibly obtaining necessary waivers. Being proactive, adhering to the law, and seeking excellent legal advice can pave the way for a secure and lawful stay in the United States. Always remember, legal guidance from seasoned immigration attorneys can be the key to unlocking your American Dream. Don’t leave your future to chance!

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FAQs

Q1: Can marrying a U.S. citizen prevent my deportation? A: No, marriage alone does not prevent deportation. You must file the appropriate petitions and possibly obtain waivers.

Q2: What is Form I-130? A: Form I-130 is a petition filed by a U.S. citizen spouse to sponsor their foreign spouse for a green card.

Q3: What are some common waivers required during the green card process? A: Common waivers include criminal offense waivers, immigration fraud waivers, and unlawful presence waivers.

Q4: Can I be deported after obtaining a green card? A: Yes, violating U.S. laws, including criminal and immigration laws, can lead to deportation even after obtaining a green card.

Q5: How can I ensure my deportation risk is minimized after marriage? A: Follow all legal procedures, file necessary petitions accurately, and consult an immigration attorney for guidance.

Q6: Do I need an immigration lawyer to file for a green card? A: While not mandatory, an experienced immigration lawyer can guide you through the complex process and help avoid costly mistakes.

Q7: What is an Affidavit of Support? A: It’s a document proving that your U.S. citizen spouse can financially support you, preventing you from becoming a public charge.

Q8: What happens if my Form I-130 is denied? A: You can appeal the decision or refile with additional evidence. Consultation with an immigration attorney is advisable.

Q9: Can previous immigration fraud affect my green card application? A: Yes, past immigration fraud can complicate your application, requiring you to prove rehabilitation and a low risk to U.S. society.

Q10: Are there free resources available for immigration advice? A: Many immigration lawyers offer a free consultation, where you can get initial advice on your case and next steps.