Can You Be Deported If Married to a U.S. Citizen?

Marriage to a U.S. citizen can provide an opportunity to obtain lawful permanent residency (a green card), but it doesn’t automatically prevent deportation. Immigration status, how you entered the country, and compliance with U.S. immigration laws all impact whether you are protected. Below is an updated, detailed explanation with guidance based on your rights and legal options.


1. Does Marriage to a U.S. Citizen Stop Deportation?

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.

Why Not?

Immigration authorities consider many factors when determining deportability. Even if you’re married to a U.S. citizen, you may still face removal if you’ve violated immigration laws, have prior deportation orders, or lack legal entry records.

  • Example: If you entered the U.S. without inspection or overstayed your visa, you are technically out of status and can be subject to deportation under the Immigration and Nationality Act (INA).

Your Rights at Home:
If Immigration and Customs Enforcement (ICE) agents come to your door:

  • Do not open the door unless they have a valid warrant signed by a judge.
  • Ask them to show the warrant through the window or slide it under the door.

2. Factors That Can Lead to Deportation

Even with a U.S. citizen spouse, the following factors may make you deportable:

2.1. Entering the U.S. Without Inspection (EWI)

People who enter the country without inspection are considered undocumented and cannot typically adjust their status without leaving the U.S.

  • Relief Options: After leaving the country and proving “extreme hardship” to your U.S. citizen spouse, you may be eligible for a provisional waiver (Form I-601A) to apply for a green card.

2.2. Visa Overstay

If your visa has expired, you are unlawfully present. Immediate relatives of U.S. citizens may still be eligible to adjust status without leaving, provided they entered the U.S. legally.

2.3. Criminal or Fraudulent Behavior

Convictions for certain crimes or providing false information during immigration processes can lead to deportation.

  • Tip: Never submit false documents or make false statements. Doing so could result in removal proceedings and penalties.

3. How Marriage Helps in Some Cases

Marriage to a U.S. citizen can provide relief through specific legal pathways:

3.1. Adjustment of Status

If you legally entered the U.S., you can typically apply for a green card without leaving. This process involves filing:

  • Form I-130 (Petition for Alien Relative).
  • Form I-485 (Application to Adjust Status).

3.2. Waivers for Inadmissibility

For those who entered without inspection, waivers (such as I-601A) may help you overcome certain barriers to obtaining a green card.


4. What to Do If You Face Deportation

If ICE issues you a notice or visits your home, here’s what you need to know:

4.1. Your Rights During an ICE Visit

  • Do not let ICE agents enter your home unless they have a valid judicial warrant.
  • You have the right to remain silent. You do not need to disclose where you were born or how you entered the U.S.
  • You can request to speak to a lawyer before answering any questions.

4.2. Prove Your Marriage

If you are detained, providing evidence of your genuine marriage may help your case. Gather:

  • Marriage certificates.
  • Joint financial records (bank accounts, leases, etc.).
  • Photos or communication showing a shared life.

4.3. Seek Legal Relief

You may be eligible for relief such as:

  • Cancellation of Removal: Requires showing at least 10 years of continuous residence in the U.S., good moral character, and hardship to a U.S. citizen spouse.
  • Adjustment of Status: If eligible, file your green card application during deportation proceedings.

5. Tips to Protect Your Immigration Status

5.1. File Paperwork Carefully

Ensure all immigration forms are accurate and truthful. Mistakes can lead to delays or denials.

5.2. Avoid Legal Violations

Criminal activity or fraud can jeopardize your ability to stay in the U.S.

5.3. Understand Your Rights

  • ICE cannot force entry into your home without a valid judicial warrant.
  • If detained, you have the right to consult an attorney and contact your consulate.

Final Note

Marriage to a U.S. citizen can help you obtain lawful status, but it doesn’t automatically protect you from deportation. Every situation is unique, so consulting a qualified immigration attorney is essential.

Schedule a Consultation with an Immigration Lawyer

Citations

Watch Our YouTube Video for More Insights

Want to learn more about this topic? Watch our video, “Can You Be Deported If Married to a U.S. Citizen?”

We Can Help!

If you have questions about a green card through marriage, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people work and live in the United States. Please read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.

Contact Us

Similar Posts