Can I Get a Marriage Green Card While In Deportation Proceedings?

For an immigrant facing deportation, the thought of obtaining a marriage green card may seem daunting and impossible. However, there are certain circumstances where it is possible to obtain a marriage green card even while going through deportation proceedings. Kriezelman Burton & Associates, LLC strives to deliver comprehensive information to individuals navigating the landscape of U.S. immigration law. We understand the complexities and uncertainties that individuals in this situation face and seek to provide clear guidance on the available options.

The Basics

Before we delve into the specifics of obtaining a marriage green card while in deportation proceedings, it is important to understand the basics.

Marriage Green Cards: Also known as spousal visas or Form I-130, allow foreign nationals married to U.S. citizens or lawful permanent residents to obtain permanent residency in the United States. This status grants the privilege to live and work in the U.S.

Deportation Proceedings: These legal processes, initiated by the U.S. government, aim to remove individuals from the country due to immigration violations or criminal activities. Deportation proceedings can be daunting, with serious implications for individuals and their families.

Challenges of Obtaining a Marriage Green Card in Deportation Proceedings

Navigating the immigration system while in deportation proceedings poses significant challenges:

• Barriers to Obtaining a Green Card: Deportation proceedings can complicate the process of obtaining a Marriage Green Card. Individuals may encounter challenges in proving the legitimacy of their marriage and demonstrating eligibility for a green card.
• Complications of Deportation Proceedings: Uncertainty and instability inherent in deportation proceedings can hinder the immigration process. Limited access to legal resources and potential detainment can impede individuals’ ability to gather evidence and prepare their cases.

Potential Options for Obtaining a Marriage Green Card in Deportation Proceedings

1. Adjustment of Status: If eligible, individuals can apply for a Marriage Green Card while in deportation proceedings by submitting an application for adjustment of status to lawful permanent residency (Form I-485) with the U.S. Citizenship and Immigration Services (USCIS).
2. Waivers: In some cases, individuals in deportation proceedings may be eligible for waivers on certain grounds of inadmissibility. These waivers can overcome barriers to obtaining a Marriage Green Card.
3. Cancellation of Removal: Those in removal proceedings before an immigration judge may be eligible for cancellation of removal. This relief allows them to obtain a green card if they can demonstrate specific requirements, including continuous physical presence, good moral character, and exceptional and extremely unusual hardship to a U.S. citizen or permanent resident spouse or child.
4. U Visa: Victims of qualifying crimes who have cooperated with law enforcement may be eligible for a U visa, which can lead to a Marriage Green Card.

An immigration attorney can assess your individual circumstances and explore the best options for obtaining a Marriage Green Card while in deportation proceedings. An attorney can guide you through the process, help gather necessary evidence, and represent you in immigration court. Kriezelman Burton & Associates, LLC can provide the legal representation needed to navigate this challenging process and achieve the desired outcome. 

Get In Touch

While obtaining a Marriage Green Card in the midst of deportation proceedings presents challenges, there are potential options available. It is crucial to seek legal guidance and explore specific circumstances to determine the best course of action. With the assistance of an immigration attorney, individuals can navigate the process and work towards achieving their goal of obtaining lawful permanent residency in the United States.

At Kriezelman Burton & Associates, LLC, we are committed to providing legal representation and counsel in all areas of immigration and nationality law. Contact us to learn more about how we can assist you.