When it comes to immigration in the United States, many people assume that being married to a U.S. citizen is a guaranteed pathway to a green card or permanent residency. However, this is not always the case. While marriage to a U.S. citizen can indeed provide a strong foundation for legal immigration status, it does not automatically grant the right to stay in the U.S. indefinitely. There are several scenarios where someone married to a U.S. citizen may still face deportation. In this blog, we will explore the various reasons why this might happen and the legal complexities involved.
1. Failure to Maintain Legal Status
One of the primary reasons a person married to a U.S. citizen may be deported is if they fail to maintain legal immigration status in the U.S. If an individual entered the U.S. on a tourist visa or another temporary visa and overstays, they may find themselves in violation of immigration laws. Even if they are married to a U.S. citizen, the mere fact of being married does not grant them legal status if they entered the country unlawfully or overstayed their visa.
Key Point: It’s important for individuals in such situations to adjust their status by applying for a green card (permanent residency) through their U.S. citizen spouse. Failing to do so may result in deportation.
2. Marriage Fraud
Another serious issue that can lead to deportation is marriage fraud. U.S. immigration authorities are vigilant about ensuring that marriages between foreign nationals and U.S. citizens are legitimate. If the marriage is found to be a sham or entered into solely for the purpose of gaining immigration benefits, it can lead to criminal charges and deportation.
How to Avoid This: To prove the legitimacy of the marriage, couples may be required to provide evidence of their relationship, including joint financial records, photos, communication history, and more. Fraudulent marriages are not taken lightly, and the penalties can be severe, including the permanent bar from re-entering the U.S.
3. Criminal Convictions
If a foreign national who is married to a U.S. citizen is convicted of certain crimes, they may face deportation, even if they have been living in the U.S. for a long time. U.S. immigration laws specify certain “deportable offenses,” which include drug-related crimes, violent crimes, and certain aggravated felonies. Even if someone is married to a U.S. citizen, being convicted of these crimes can lead to removal proceedings.
Important to Know: Not all crimes are considered deportable offenses, but individuals with criminal records should consult an immigration attorney to understand their specific situation and options.
4. Violation of Immigration Laws
Another reason someone married to a U.S. citizen may be deported is a history of immigration violations, such as previous deportations, illegal reentry into the U.S., or lying on immigration forms. If a foreign national has previously been deported and re-entered the U.S. without authorization, they could face harsh consequences, including deportation, even if they are now married to a U.S. citizen.
Consultation with an Attorney: If someone has a history of immigration violations, they should seek legal counsel before attempting to adjust their status, as the consequences of past violations can complicate the immigration process.
5. Failure to Follow Proper Legal Procedures for Adjustment of Status
If someone marries a U.S. citizen and hopes to adjust their immigration status, they must follow the legal procedures required by U.S. immigration law. This typically involves applying for a green card through a process called “Adjustment of Status.” If the foreign spouse does not file the necessary forms, attend required interviews, or provide the required documentation, their application for permanent residency may be denied, and they could be placed in removal proceedings.
Tip for Success: Couples should make sure they complete every required step in the immigration process and ensure that all documentation is accurate and complete to avoid unnecessary delays or denials.
6. Expiring Visa or Temporary Status
Some individuals may marry a U.S. citizen while on a temporary visa, such as a tourist visa or work visa. However, if they do not apply for a change in their status before their visa expires, they may find themselves out of status and subject to deportation. U.S. immigration authorities may view someone who overstays their visa as violating the terms of their entry, which could result in removal from the country, even if they are married to a U.S. citizen.
The Importance of Timely Action: It is crucial for individuals in this situation to apply for an adjustment of status well before their visa expires to avoid facing deportation.
7. Unlawful Presence
Another critical factor that can lead to deportation is unlawful presence in the U.S. This occurs when someone stays in the country without lawful authorization for an extended period. Even if a person marries a U.S. citizen, if they have accrued significant unlawful presence, they may face harsh penalties. In some cases, this may include a ban from re-entering the U.S. for several years, depending on how long they have stayed unlawfully in the country.
Unlawful Presence Waiver: In some cases, individuals can apply for a waiver of unlawful presence if they can demonstrate hardship to their U.S. citizen spouse. However, this is a complicated process and requires legal guidance.
8. Inadmissibility Due to Health or Security Concerns
In certain circumstances, individuals may be deemed inadmissible to the U.S. based on health concerns (e.g., communicable diseases), security concerns (e.g., involvement in terrorist activities), or prior associations with individuals or organizations that pose a threat to national security. These issues can affect even those who are married to U.S. citizens, as inadmissibility does not rely on marital status.
Legal Assistance: If there are health or security concerns involved, it is essential to work with an experienced immigration attorney who can help navigate the complex process of waiver applications or possible appeals.
Closing Thoughts
While being married to a U.S. citizen can be a pathway to permanent residency and citizenship, it does not guarantee protection from deportation. U.S. immigration law is complex, and several factors can affect an individual’s ability to remain in the country. From criminal convictions and marriage fraud to immigration violations and failure to follow legal procedures, there are numerous reasons why someone married to a U.S. citizen might face deportation.
If you or someone you know is facing deportation or immigration issues, it is highly recommended to seek legal counsel from an immigration attorney who can provide expert guidance based on the specific details of the case. Understanding your rights, obligations, and available options is crucial to ensuring the best possible outcome in your immigration journey.
By adhering to the immigration laws and taking proactive steps, individuals married to U.S. citizens can improve their chances of staying in the U.S. legally and avoiding the risk of deportation.
