Can Marriage Protect You from Deportation?

 Posted on February 13, 2025 in English

Immigrants married to U.S. citizens make up about 18.2 percent of the total immigrant population. For those who want to immigrate to the U.S., obtaining a green card through a spouse must be done prior to naturalization or eventual citizenship. While most of us believe that marriage to a U.S. citizen guarantees a pathway to permanent residency or a green card, this is far from the reality in many different situations.   

While it is certainly a strong foundation for legal immigration status, this does not mean in every case that a person married to a U.S. citizen can stay in the United States indefinitely. With the current administration’s focus on deporting immigrants, some immigrants who believe their right to be in the U.S. is absolute could find out that is not always true.  

In fact, there are certain situations where an immigrant who is married to a U.S. citizen could potentially face deportation. If you obtained your green card through marriage to a U.S. citizen and you are now worried about deportation, it is important that you speak to an experienced Herndon, VA immigration attorney.  

How is a Green Card Obtained Via Marriage to a U.S. Citizen?

A marriage green card describes a specific immigration status an immigrant receives after marrying a U.S. citizen. This status allows the individual to live and work lawfully while residing in the U.S. with his or her spouse. Unfortunately, it can be both time-consuming and complex.

You must have a legally valid, bona fide marriage, and you must not otherwise be inadmissible to the U.S.  Inadmissibility could be found for those with a criminal record, a history of drug abuse, a medical issue that includes an infectious disease, or any type of activity that could be linked to terrorism. The marriage green card must either be applied for through consular processing (outside the U.S.) or adjustment of status (inside the U.S.).

Reasons an Individual Married to a U.S. Citizen Could Be Deported

There are several ways a person married to a U.S. citizen could potentially be deported, including:

• Failure to maintain legal immigration status for those who entered the U.S. on a tourist or temporary visa; the marriage does not grant legal status for those who enter the country illegally or overstay a visa.
• Providing false information during the immigration process.
• A criminal conviction for a serious crime, a misdemeanor, and even a traffic ticket, in some cases.
• Proof that the marriage was entered into solely for immigration purposes and is not a bona fide marriage.
• Failure to follow all legal procedures, including maintaining continuous residence, not adhering to visa terms, or working without proper authorization.

Marriage fraud is an issue about which U.S. immigration authorities are particularly watchful. If it is found that the marriage was entered into only to gain immigration benefits, criminal charges could be levied, and the individual could be deported. A couple could be required to show proof that the marriage is legitimate, including photos, proof of family vacations, joint financial records, and communication history between the spouses. Family members and friends could be interviewed to determine whether the marriage is genuine.

Avoiding Deportation for Those Married to U.S. Citizens

Individuals married to a U.S. citizen who fear deportation should ensure their marriage is genuine while avoiding even the hint of criminal activity. Those who legally enter the U.S. can usually apply for a green card based on the marriage without leaving the country. Adhere to all laws and minimize any dependency on public assistance. Consider applying for waivers for inadmissibility or extreme hardship if deportation is a concern.

Contact a Fairfax County, VA Immigration Attorney

When you speak to a national immigration lawyer from Immigration Legal Advisors, PLLC, you can significantly improve your chances of legally staying in the United States while avoiding the risk of deportation. We are a supportive, full-service immigration law firm with over 20 years of experience in all facets of family-based immigration. To schedule a initial consultation, call 571-441-2233. We speak both English and Spanish.