Can a deported person come back legally by marrying a citizen?
Asked by: Lavonne Dicki | Last update: August 27, 2025Score: 4.9/5 (6 votes)
Can a deported person come back legally by marrying a citizen? Often yes (unless prior marriage fraud) after an immigrant petition approved and waiver(s) granted.
Does marriage protect you from deportation?
Marriage to a US Citizen will not be a shield against Deportation. Only an Immigration attorney has the expertise to properly fill out immigration forms and put together the right package of documents and other evidence to support the immigration benefits you are trying to obtain.
Can I marry a U.S. citizen if I have a deportation order?
You can marry a US citizen and file the FORM I -130 with USCIS with a notice that you are in removal proceedings. You and your spouse will be interviewed and you will need to complete the process in court. You can request that the immigration court terminate the proceedings and you will complete the process with USCIS.
Can I stay in the U.S after marrying a U.S. citizen?
For more information, see Fiancé(e) Visas. After being admitted to the United States as a K-1 nonimmigrant and marrying the U.S. citizen petitioner within 90 days, the alien spouse can then apply for lawful permanent resident status in the United States (get a Green Card).
Can someone who has been deported come back legally?
Once you have been deported, the United States government will bar you from returning for five, ten, or 20 years, or even permanently. Generally speaking, most deportees carry a 10-year ban. The exact length of time depends on the facts and circumstances surrounding your deportation.
Can A Deported Person Come Back Legally By Marrying A Citizen
How long does a deportation stay on your record?
Removal or deportation orders stay in your immigration file forever, so you are for example seeking a tourist visa after the 10-year bar has passed, you need to be very forthcoming and explain what happened and how the situation has changed.
How do you get someone back from deportation?
Following deportation, a foreign national would need to file Form I-212 Application for Permission to Reapply for Admission into the United States After Deportation or Removal. This lets you ask USCIS for permission to submit an application to re-enter the United States. (In other words, it's a multi-step process!)
Does marrying a U.S. citizen give you permanent residency?
In many cases, yes. Because marriage is a relatively easy route to permanent residence, USCIS grants conditional permanent residence for two years. After two years, you will need to file Form I-751 to remove the conditions of residence and to get a permanent green card.
What is the new law for immigrants married to citizens in 2024?
Starting Aug. 19, 2024, to request parole in place under Keeping Families Together, you (the alien spouse or stepchild) must submit Form I-131F, Application for Parole in Place for Certain Noncitizen Spouses and Stepchildren of U.S. Citizens, online with the applicable filing fee.
What is the 90 day marriage rule?
Under the 90-day marriage rule, if a foreign national enters the U.S. and marries a U.S. citizen or permanent resident within the first 90 days of being in the country, USCIS will presume the marriage to be a fraud and will deny a Green Card, claiming the applicant misrepresented his or her intentions in coming to the ...
What happens if you marry someone who is undocumented?
There are no laws against marrying an undocumented immigrant. However, there are additional obstacles to legal status for someone who has been unlawfully present in the U.S. Marrying an undocumented immigrant does not cure the immigration problem, but there are remedies for most couples.
Can I become a U.S. citizen if I was deported?
How to get citizenship after being Physically Removed from the U.S. Once you have your green card you will have to wait the appropriate time before you can file for your citizenship through a process called naturalization.
What is the new immigration policy in 2024?
As of June 5, 2024, U.S. immigration enforcement and asylum procedures across the southern border are more strict. Our message remains: Migrants should use safe, lawful, and orderly pathways to come to the United States.
Can a U.S. citizen marry a deported person?
While it's possible for deportees to gain re-entry into the U.S. if they marry an American citizen, they may still have to apply for re-entry using both Form I-212 and Form I-601.
Will I get deported if I divorce my husband?
Deportation can happen, but is uncommon
It is technically possible to be deported after a divorce. But for most couples, this isn't an issue that they have to worry about. As long as you had a legitimate marriage, and it ended in a genuine divorce, the government is not automatically going to deport you.
Is there a way to stop deportation?
You can do one of two things: 1). Apply in the court that issued the order of deportation, for the court to vacate or cancel the order of deportation; or 2). Apply with the Immigration Service to waive or cancel your former order of deportation.
What is the new 7 year immigration law?
What Does the 7-Year Rule Do? If passed, the 7-Year Rule would allow the Department of Homeland Security (DHS) to upgrade the immigration status for more people in the United States. Currently, the department can do this for some immigrants but in a smaller number of circumstances.
Can undocumented immigrants legally work in the US?
Most undocumented immigrants face significant barriers to pursuing employment in the United States. Employers are required to ask for proof of legal status, and it is illegal for any employer to hire a person knowing that the individual is not lawfully authorized to work.
What is Biden's immigration policy?
On June 4, 2024, Biden passed an executive order to shut down the border if illegal crossings reached an average of 2,500 migrants a day in a given week. The order suspended protection for asylum seekers without a "credible fear" for requiring asylum, allowing for immediate deportation of unauthorized migrants.
What are the new immigration laws for marriage in 2024?
Keeping American Families Together
On June 18, 2024, DHS announced that certain undocumented immigrants who are married to U.S. citizens would be eligible to apply for parole in place.
What benefits do you get if you marry a U.S. citizen?
However, marriage to a U.S. citizen can be a pathway to immigration benefits, such as obtaining a green card. After obtaining a green card, the non-U.S. citizen spouse may become eligible to apply for U.S. citizenship through the naturalization process.
What happens if you overstay your visa and get married?
In many cases, U.S. immigration law allows immigrants married to U.S. citizens to adjust their status, even if they initially overstayed their visa. This adjustment of status allows the immigrant to apply for a Green Card without leaving the country, potentially avoiding reentry bans.
Can a deported person come back legally?
Depending on the reason you were ordered deported from the United States, you will have to wait a set amount of time (a minimum of five years) before trying to return. If you were ordered removed (or deported) from the United States, you cannot simply turn around and come back.
Can an illegal immigrant become legal after 20 years?
The 20-Year Mark
In the US, there used to be a provision called “registry” that allowed certain illegal immigrants who had been in the country since 1972 to adjust their status. However, this date hasn't been updated, making it essentially obsolete.
Can deportation be reversed?
If you have been ordered, removed, deported, or excluded, it may be possible to file an appeal with The Board of Immigration Appeals (BIA) and put a stop to your deportation or removal. You must file this notice within 30 days of the decision by the immigration judge that rendered your removable/deportable.