Being married to a US citizen is a way to advance in immigration status and obtain permanent residence in the United States. However, it does not guarantee that the non-citizen spouse will not be considered for deportation.
A non-citizen should not rely on being married to an American to prevent deportation, as there are factors beyond that to ensure legal stay.
One of the aspects that authorities consider is that the marriage has not been arranged. If there has been an arrangement, the union can be considered as marriage fraud, and if this happens, it is a sure candidate to be deported.
Another factor they take into account is that the non-citizen does not have violations of immigration laws or previous convictions for other crimes in general. If they are detected, they may be deported from the United States.
Given the wave of deportations as part of President Donald Trump's government in this nation, it is important for foreigners to be informed about everything related to immigration laws and to seek advice from immigration lawyers.
Deportation: being married to an American does not help in these cases
ATT says that marrying an American helps avoid deportation if the immigrant is a conditional resident, also if the immigrant has a pending application through an American spouse, as that can result in deportation suspension. Another aspect are humanitarian factors, such as if the judge sees very strong family ties in the United States.
The aforementioned legal agency explained that being married to a U.S. citizen does not prevent deportation if one of the spouses entered the United States illegally, or if they entered after being deported. Deportation could also occur if the immigrant has been charged with serious crimes such as murder, rape, trafficking or possession of drugs, terrorism. Other offenses that could lead to deportation despite being married to a U.S. citizen include having a criminal record for driving under the influence, domestic violence, and minor theft.
How to prove a marriage in good faith?
ATT explained that in order to demonstrate that there is a bona fide marriage with an American citizen, meaning that it was not for the purpose of obtaining citizenship through a business transaction, evidence can be presented to certify that the relationship is genuine, proving that there are shared vital interests and responsibilities.
Verifying a bona fide marriage can be done with documentation, by presenting documents such as joint bank account statements, shared residence proof (like rental agreements or mortgage documents), sworn statements from friends and family, utility bills, photographs of everyday and important moments like family gatherings, vacations, birthdays, and others. Correspondence, emails, and insurance policies are also taken into account.
What to do if you are facing deportation despite being married to a U.S. citizen?
ATT recommended the following:
1. Seek legal assistance promptly
2. Verify your legal status: Make sure that your marriage is recognized in good faith.
3. Submit the necessary requests: if you entered the United States legally, submit Form I-130 (Petition for Alien Relative) through the United States Citizenship and Immigration Services (USCIS). This petition establishes a qualifying relationship.
4. Prepare for a possible immigration trial: "sometimes, the Immigration Court may still be involved. You could apply for adjustment of status by demonstrating that your marriage involves 'exceptional and extremely unusual hardships' for your US citizen spouse."
5. Avoid illegal reentry: if you have been deported, do not reenter the United States illegally, as doing so could result in permanent expulsion. Instead, seek legal advice to return within the framework of the law.
6. Understand the consequences of divorce: if you get divorced, it can affect your legal situation.
7. Document everything: keep detailed records of your marriage and interactions with USCIS, such as emails, texts, and sworn statements from friends and family verifying your relationship.
8. Attend all court hearings: If you do not attend all appearances, this may result in immediate deportation, so go to your court appointments and fulfill all requirements.