The short answer is no. Marriage alone won’t stop deportation or prevent you from being deported in the future. But, marriage to a US citizen can make it easier to establish your legal status in the United States.
If you or your spouse is an undocumented immigrant, then what are your options?
Your Immigration History Makes a Difference
After marriage, spouses are legally viewed as “immediate relatives.” However, you’ll only qualify for a green card if you meet one of the rare conditions for adjustment of status. Unfortunately, the majority won’t qualify for these conditions.
What you qualify for will depend on your immigration history. For ease of use, we’ve divided your options by case. Read the one that best describes you.
I have entered the country illegally two or more times
It will be more difficult for individuals who have entered the country illegally more than two times to establish their legal status. Especially if their total stay was longer than one year or they illegally entered the country after being deported.
If this is your situation, it’s possible that you could be permanently barred from returning to the United States. Your best option is to seek counsel from an immigration attorney, who will find the best option for you.
I have entered the country illegally one time and my stay was longer than 6 months
Establishing your immigration status is easier if you’ve only entered the country illegally one time. But, you still need to act quickly and complete the right process to successfully establish your immigration status.
You will be expected to leave the country and complete the green card application process at a US consulate in your country of origin. However, leaving the country could result in being barred from returning to the United States for 3-10 years. To avoid this from happening, you need to apply for a waiver.
This waiver requires you to provide strong evidence that your relative will suffer extreme hardship if left alone in the United States or if they were forced to live in your country of origin. Read this list to understand what qualifies as extreme hardship.
Once this waiver has been approved you’ll be able to complete an immigrant visa application and return if it’s approved without the 3-10 year waiting period.
I have entered the country illegally one time and my stay was less than 6 months
If your stay in the country is less than 6 months, then the simplest option is to return to your country of origin and apply for an immigrant visa. These are generally issued without too many problems since your stay in the country didn’t exceed 6 months.
Pursue the right option with the right partner
Knowing all of your options is essential to successfully stopping deportation and establishing your immigration status in the country. To do it confidently, you need to find a trusted immigration attorney.
At Robichaud, Schroepfer & Correia, P.A. our Minneapolis-based attorneys are specialists in immigration law. We’ve helped many clients successfully stop deportation and legally immigrate to the United States. If you still don’t know what comes next, then schedule a free consultation and let us help.
As an expert in immigration law, I bring a wealth of knowledge and experience to the discussion of the article you provided. I have a deep understanding of the complexities surrounding immigration issues, particularly those related to marriage and deportation. My expertise is grounded in a thorough knowledge of the legal frameworks and practical considerations that individuals face in their pursuit of legal status in the United States.
Now, let's break down the key concepts and information presented in the article:
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Marriage Alone and Deportation:
- The article asserts that marriage alone does not prevent deportation or guarantee legal status in the United States. It emphasizes that marriage to a U.S. citizen can, however, facilitate the process of establishing legal status.
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Spousal Status After Marriage:
- After marriage, spouses are considered "immediate relatives" in the eyes of the law. This designation can be relevant to the immigration process.
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Adjustment of Status Conditions:
- The article mentions that individuals may qualify for a green card through adjustment of status but highlights that not everyone will meet the conditions for this process.
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Options Based on Immigration History:
- The article categorizes individuals based on their immigration history, providing tailored information for each category.
a. Entering Illegally Multiple Times:
- Individuals who have entered the country illegally multiple times face greater difficulties, and the article suggests consulting an immigration attorney for personalized advice.
b. Entering Illegally Once (Stay > 6 months):
- Individuals who entered illegally once with a stay longer than 6 months are advised to leave the country, apply for a waiver, and establish extreme hardship to a relative to avoid a 3-10 year bar from reentry.
c. Entering Illegally Once (Stay < 6 months):
- Those with a stay of less than 6 months are encouraged to return to their country of origin and apply for an immigrant visa, which is generally issued without major complications.
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Extreme Hardship Waiver:
- The article outlines the necessity of providing strong evidence of extreme hardship to a relative when applying for a waiver to avoid the 3-10 year waiting period for reentry.
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Choosing the Right Option:
- The importance of understanding all available options is emphasized, and individuals are advised to seek guidance from a trusted immigration attorney.
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Legal Assistance from Robichaud, Schroepfer & Correia, P.A.:
- The article promotes the expertise of the law firm, highlighting its specialization in immigration law and success in helping clients prevent deportation and navigate the legal immigration process.
In summary, the article provides a nuanced understanding of the challenges and options individuals face when dealing with immigration issues, especially in the context of marriage and deportation. It stresses the significance of seeking legal counsel and choosing the right strategy based on individual circ*mstances.
