If someone might be deported from the United States, marrying a U.S. citizen could stop that. But becoming a permanent resident by marrying someone while facing deportation is tough. This article will look at the choices, challenges, and key things to consider when using marriage to prevent deportation.
The Constant Risk of Deportation
Unauthorized individuals without papers, illegitimately in the U. S. live in the fear of getting apprehended by ICE or the Immigration and Customs Agency of the United States. A few of them might have contemplated how to marry a U. S. citizen or a legal resident to tackle this issue but probably they are not exactly sure when or if it can be done
Marrying to Halt Deportation: A Complex Process
Deciding to get married to avoid deportation because of ICE can’t be taken lightly. Even though you can try to get permanent residence through a marriage that happened after deportation procedures started, it’s not easy. You need help from a good immigration lawyer to handle all the complicated stuff the right way.
Detention and Bond
Following an immigration arrest, the individual is typically detained. A judge may grant release on bond, but this hinges on several factors, including the couple’s financial capacity to pay the bond. Timing is crucial; marrying while one spouse is in detention presents formidable challenges.
However, eligibility for bond varies, and some individuals with certain criminal records or prior removal orders may not be eligible for release on bond at all.
Proving a Bona-Fide Marriage
One of the primary hurdles in obtaining a green card through marriage is demonstrating that the marriage is bona fide or genuine. This requirement applies to all applicants, but it becomes particularly challenging when the immigrant is in removal proceedings. The presumption in these cases is that the marriage is fraudulent, necessitating substantial evidence to prove otherwise.
Couples must provide compelling documentation that reflects a sincere intent to build a life together. This may include joint financial records, lease agreements, and other evidence of shared responsibilities and commitments. Additionally, both spouses may undergo separate interviews, a rigorous process to assess the legitimacy of their marriage.
Adjustment of Status vs. Consular Processing
Crucially, the method for obtaining a green card depends on how the non-citizen entered the U.S. Individuals who entered legally and married a U.S. citizen can generally adjust their status within the country. In contrast, those who entered unlawfully (e.g., crossing the border outside of official checkpoints) must pursue consular processing, even in the context of immigration court proceedings.
This distinction is vital and holds for most applicants, including those in removal proceedings. If the non-citizen entered unlawfully, they might need to exit the U.S. to complete consular processing, a decision fraught with potential complications.
Impact of Marriage on Deportation Status
Protection from Deportation:
The Biden administration’s executive order allows undocumented spouses of U.S. citizens to remain in the country without fear of deportation, provided they meet specific criteria, such as having entered the U.S. before June 17, 2014. This policy will benefit around 500,000 immigrant spouses and their families by granting them legal status and work permits, creating a pathway to citizenship without requiring them to leave the country for extended periods.
Adjustment of Status:
For Nigerians who are already married to U.S. citizens but face deportation orders, marriage can still offer a route to adjust their immigration status. However, this process is complex and often requires legal assistance. Couples must demonstrate that their marriage is genuine and not solely for immigration benefits, which can be particularly challenging if one partner is already in removal proceedings.
Legal Procedures:
If ICE detains a Nigerian immigrant with a deportation order, marrying a U.S. citizen may enable them to apply for lawful permanent residence (a green card). This involves filing Form I-130 (Petition for Alien Relative) and possibly Form I-212 (Application for Permission to Reapply for Admission into the United States After Deportation or Removal) to seek permission to return after deportation.
Challenges in the Process:
Even with marriage, immigrants who entered the U.S. unlawfully face significant hurdles. They may need to leave the U.S. for consular processing, which can trigger a ten-year inadmissibility bar due to prior unlawful presence. Additionally, proving that their marriage is bona fide requires substantial documentation and may involve rigorous interviews.
Economic and Emotional Benefits:
The ability to secure legal status through marriage not only alleviates the immediate threat of deportation but also enhances economic stability for families. Legal immigrants can access better job opportunities and contribute more effectively to their communities. Furthermore, it helps maintain family unity, which is crucial for emotional well-being.
Seeking Legal Counsel
The intricacies of pursuing a green card through marriage as a defense to deportation are daunting. This article provides a general overview, but consulting an experienced immigration attorney is imperative for a thorough analysis of options and strategic planning.
Immigration attorneys offer tailored guidance, representing clients before U.S. Citizenship and Immigration Services (USCIS) and immigration courts. They navigate the intricate web of immigration law, seeking to secure the best outcome for their clients within the bounds of the law.
In conclusion, while marrying a U.S. citizen can potentially halt deportation proceedings, it’s far from a simple or guaranteed solution. The process is fraught with challenges, including detention, proving the authenticity of the marriage, and determining the appropriate immigration pathway. To embark on this journey, it’s essential to seek professional legal counsel to navigate the complexities and ensure the best possible chance of success.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your immigration process straightforward and successful. Whether you’re navigating the process of marrying a U.S. citizen or applying for a CR-1 Visa or K-1 Visa, we handle every step—from preparing your application to gathering the required documents.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients navigate the process of marrying a U.S. citizen and securing the visas/permits they need. Call us today at +234 812 5505 986 to learn how we can assist you.
