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Marriage to a US citizen offers one of the most straightforward pathways to permanent resident status for foreign nationals. Despite that, someone who is married to a US citizen can be deported, since this type of marriage doesn’t automatically grant immigration status to a spouse or protect them from deportation.
If you are the spouse of a US citizen, you may be at risk of deportation in certain circumstances, such as the ones described below.
Reasons Why You May Still Be Deported
Marriage Fraud Related to Previous or Current Marriage
Marriage fraud is a serious accusation, and it can carry long-lasting penalties for foreign nationals. In some cases, it can even lead to deportation, even if the foreign national is married to a US citizen. You may be accused of marriage fraud if the USCIS determines that you married a US citizen or permanent resident for the sole purpose of gaining an immigration benefit. If that were to occur, your immigrant petition or application to adjust status will be denied. If you already have a Green Card, your permanent resident status will be revoked based on marriage fraud. You will then be placed into deportation proceedings, unless you successfully overcome the fraud accusation. Your spouse may also face possible fines and even imprisonment for up to five years in the worst-case scenario, if they are found to have knowingly participated in the fraud.
Immigration Misrepresentation
The USCIS will find you inadmissible to the United States if it is determined that you obtained an immigration benefit, such as a visa or permanent resident status, through any type of willful misrepresentation. This can include entering false information on an immigration application or failing to disclose crucial information during an interview. Even if you marry a US citizen, the misrepresentation finding will make you ineligible to apply for adjustment of status. Then if you are unable to overcome this accusation, you will be deemed deportable.
Failing To Remove Conditions on Green Card in Two Years
Some foreign nationals may not understand how vital it is to file an application to remove the conditions on their Green Card in a timely manner. As unlikely as it may seem, this is a realistic way to lose your Green Card status and be deportable, despite your marriage to a US citizen. Form I-751, Petition to Remove Conditions on Residence, must be filed during the 90-day period before your conditional Green Card expires. If you happen to divorce or lose your US citizen spouse while you are a conditional resident, you will need to have the joint filing requirement waived for the Form I-751. However, failing to act can lead to deportation.
Having a Criminal Conviction
Having a criminal conviction can lead to deportation even if you are married to a US citizen. Traditionally, the kind of criminal offense that could lead to deportation for foreign nationals were primarily aggravated felonies and crimes involving moral turpitude. However, the House recently passed a bill to make immigrants deportable if they are convicted for even minor, nonviolent crimes. Thus, if you have certain criminal convictions, your marriage to a US citizen will not automatically protect you as you will still be considered inadmissible to the US and eligible for deportation.
If you are married to a US citizen but have been ordered deported, or if you have questions regarding another immigration legal matter, contact U.S. Immigration Law Counsel for a strategy session to discuss your case.
