Marrying a U.S. citizen can be a significant step toward obtaining lawful immigration status in the United States. However, there are situations where foreign nationals married to U.S. citizens might still face deportation. In this article, we’ll delve into the factors that can influence an individual’s immigration status and potential risks of deportation.
Benefits of Marrying a U.S. Citizen
Path to Legal Status: Marriage to a U.S. citizen can serve as a pathway to lawful permanent residency, commonly known as a Green Card.
Conditional Green Card: In some cases, if the marriage is less than two years old at the time of obtaining the Green Card, the foreign national might receive a conditional Green Card.
Deportation Risks and Factors
Bona Fide Marriage: U.S. immigration authorities scrutinize marriages to ensure they are genuine and not solely for immigration benefits. Entering into a sham marriage can lead to deportation.
Criminal Activity: Engaging in criminal activity, even after marriage, can result in deportation. Serious crimes can have severe consequences on immigration status.
Visa Violations: If the foreign national overstayed their visa or violated immigration laws, they might face deportation even if married to a U.S. citizen.
Misrepresentation: Providing false information or misrepresenting facts during the immigration process can lead to deportation.
Conditional Green Card and Removal of Conditions
Form I-751: If the foreign national receives a conditional Green Card, they must jointly file Form I-751, Petition to Remove Conditions on Residence, within the 90-day period before the Green Card’s expiration.
Bona Fide Marriage Proof: The couple must demonstrate the authenticity of their marriage through evidence of shared financial responsibilities, joint residence, and emotional commitment.
Exceptional Circumstances: In cases of divorce, abuse, or other exceptional circumstances, the foreign national might apply for a waiver to remove conditions on their own.
Deportation Proceedings
Notice to Appear: If the U.S. government initiates deportation proceedings, the foreign national will receive a Notice to Appear (NTA) that outlines the reasons for potential removal.
Immigration Court: The foreign national will attend hearings in immigration court to present their case. An immigration judge will determine whether deportation is warranted.
Legal Counsel and Resources
Legal Assistance: If facing deportation or concerned about immigration status, seeking legal counsel from an experienced immigration attorney is crucial.
USCIS Resources: The U.S. Citizenship and Immigration Services (USCIS) website offers resources and information about immigration benefits and procedures.
Conclusion
Marrying a U.S. citizen can offer a pathway to legal immigration status, but it’s essential to recognize that factors such as the authenticity of the marriage, legal violations, and criminal activity can impact immigration status and lead to deportation. It’s advisable to adhere to immigration laws, maintain open communication with legal experts, and ensure your actions align with the requirements for obtaining and maintaining lawful immigration status in the United States.
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