Can marrying a U.S. citizen stop deportation?
Asked by: Kelley Daniel | Last update: May 14, 2025Score: 4.1/5 (35 votes)
Short Answer: No, marriage alone does not protect you from deportation. However, depending on your case, it may open pathways to adjust your status or apply for relief.
Can a marriage stop 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 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).
Will my visa overstay be waived if I marry a U.S. citizen?
Can I adjust my status if I overstayed my visa and married a U.S. citizen? Yes, if you entered the U.S. legally, you may be eligible to adjust your status to obtain a Green Card without having to leave the U.S. Overstays are typically “forgiven” for immediate relatives, which includes spouses of U.S. citizens.
What happens if an illegal immigrant marries a U.S. citizen?
Actually, what often happens is if an undocumented person marries an American, in order to apply for that green card, they have to leave the country and ask for a pardon, and they can be separated from their family for years.
Marrying a US Citizen While Being Deported
Can you be deported if you marry an illegal immigrant?
Yes, it is possible to get removed and deported even if you marry a U.S. citizen.
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.
How long does an immigrant have to be married to stay in the US?
After approval: If the couple has been married for less than two years, the foreign spouse will receive a conditional green card. After two years, the couple must apply to remove the conditions on the green card and receive a 10-year green card.
Can a overstay in the US be forgiven?
There is a certain level of visa overstay forgiveness for spouses, parents, and unmarried children under age 21 of United States citizens. An immediate relative must have entered the United States legally to be eligible for an adjustment of status.
What happens if you marry a U.S. citizen while on tourist visa?
If an individual comes to the U.S. on a visitor visa and decides to get married, they may be allowed to apply for a green card under an adjustment of status. This is a process in which the visa status is adjusted from visitor visa to permanent resident.
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.
Can my Filipina girlfriend visit me in the US?
The B-2 visa is a non-immigrant visa that allows foreign nationals to visit the U.S. temporarily for tourism or visiting friends and family. While this visa is not intended for immigration or marriage purposes, some couples use it to meet in person before deciding on marriage.
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 ...
How do I avoid deportation?
Apply for Asylum
If you are in the country illegally, file Form I-589, an application for asylum to prevent your removal. The application, however, must be filed within one year from your arrival in the country. Alternatively, you can also file for asylum at any one of the ports of entry at the time of your arrival.
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.
What are reasons to stop deportation?
Your attorney may ask your immigration judge to suspend your deportation if you have been continuously physically present in the U.S. for at least 10 years, you're a person of good moral character (which generally means that you haven't been convicted of serious crimes) and removal from the country would cause extreme ...
Can I marry a U.S. citizen if I overstay my visa?
It's important to note that even if you have overstayed your visa, being married to a U.S. citizen can make you eligible to adjust your status from within the United States. However, if you leave the U.S. and try to re-enter, you may be subject to a three or ten-year bar, depending on the length of your overstay.
What is a good reason for overstaying?
What counts as a 'good reason'? The caseworker guidance gives examples of reasons that might be accepted as beyond an applicant's control, including: Being admitted to hospital for emergency treatment. A close family bereavement.
Can you go to jail for overstaying in the US?
How severely you are punished depends on how long you overstayed a visa: 180 days to one year: You will not be allowed to enter the United States again for three years. One year or more: You will not be able to obtain a visa for 10 years. You could also face fines and jail time for ignoring a final order of removal.
Can a deported person come back legally by marrying a citizen?
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.
Can I legally stay in the US after getting married?
Within the United States
If you decide to get married in the United States, you will be eligible to apply for Adjustment of Status (AOS). This is an internal process that allows you to stay with your spouse in the United States and possibly work while your case is processed.
What are the benefits of marrying a U.S. citizen?
K-1 Visa. The K-1 visa, also known as the fiancé visa, allows intended or likely future spouses of U.S. citizens to first come to the United States before marrying their partners. Once married, the non-U.S. citizen partner can then adjust their immigration status to a green card.
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 is the 7 year rule for immigrants?
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.