Understanding What Happens When Your Marriage Faces a Deportation Order

At Gehi & Associates , we regularly assist clients who find themselves in immigration situations. One of the most common is the issue of deportation and whether marriage to a U.S. citizen can prevent it. This question concerns many immigrants, particularly those who have recently married or are in the process of adjusting their status.

Can Marriage to a U.S. Citizen Stop a Deportation Order?

Many believe that marriage to a U.S. citizen is a quick and easy way to secure lawful immigration status. However, this is not entirely the case when a deportation order has already been issued. While marriage to a U.S. citizen can be a factor in halting deportation, it is not an automatic solution. Understanding the legal framework surrounding this issue is crucial, and that's what we aim to clarify.

What the Law Says

Legally speaking, marriage to a U.S. citizen provides a way to apply for a green card. However, when there’s already a deportation order in place, this process becomes significantly more complicated. The individual facing deportation must first file a motion to reopen their case with U.S. Citizenship and Immigration Services (USCIS) or the Immigration Court. Without reopening the case, they cannot proceed with the application for adjustment of status, regardless of their marital status.

At Gehi & Associates we often emphasize that it’s not the marriage itself that halts deportation; rather, it’s the legal processes that follow. This is where many get confused. You cannot just present a marriage certificate and expect deportation proceedings to stop. The case must go through several legal hoops, and your background, previous violations, and whether the marriage is bona fide (i.e., legitimate) will all be thoroughly reviewed.

Several factors influence whether marriage to a U.S. citizen can successfully lead to halting deportation proceedings. These include:

1. If the marriage occurred after the deportation process started, USCIS may scrutinize the relationship more closely to ensure it’s not solely for immigration benefits.
2. A clean criminal record is critical. Any history of criminal activity can complicate efforts to stop deportation and adjust status.
3. Prior violations, such as unlawful presence or re-entry after deportation, can further complicate the case and require additional legal waivers to overcome.
4. Proving that the marriage is genuine is key. Evidence such as joint financial records, property ownership, shared bills, and testimonials from family and friends can support this claim.

What to Do If You Are in This Situation

If you or someone you know is facing deportation and married to a U.S. citizen, the first and most important step is to seek experienced legal representation. Immigration laws are complex, and even small errors in filing or providing evidence can jeopardize the case. A qualified attorney can help prepare the motion to reopen the case, compile evidence to prove the legitimacy of the marriage, and ensure all documentation is submitted correctly and on time.

At Gehi & Associates , we’ve successfully handled numerous cases where marriage to a U.S. citizen was critical in preventing deportation. We understand the anxiety that comes with facing removal from the U.S., and our experienced team is here to guide you through every step of the process.

While marriage to a U.S. citizen offers an important way to secure lawful status, it is not a cure-all for a deportation order. The process requires diligent legal work and a deep understanding of U.S. immigration laws. At Gehi & Associates , our goal is to help you in this difficult time with professional guidance and the best possible legal strategy.

If you are facing deportation and wondering about your options, contact Gehi & Associates for a consultation. Our legal team is ready to help you understand your rights, the legal process, and how best to proceed in protecting your future in the U.S.