At Nye Family Law, we often hear the question: “Can I still be deported even though I’m married to a U.S. citizen?” Many people assume that marriage to a U.S. citizen creates an automatic shield from deportation. Unfortunately, that belief can lead to devastating consequences. Even if you’re legally married to a U.S. citizen, you can still be placed in removal proceedings under certain conditions.
We’ve represented countless individuals in Mesa, AZ, facing this situation. Our goal as your trusted family immigration law firm in Mesa is to give you clarity, protect your rights, and help you take the proper steps before a problem escalates.
Understanding the Legal Framework
Immigration law in the United States is complex and constantly evolving. Marriage to a U.S. citizen does open the door to lawful permanent residency (a green card), but it is not an automatic immunity card. If you are undocumented, overstayed your visa, or violated immigration law in another way, you are still at risk for deportation.
According to the Department of Homeland Security, over 25,000 removal orders were issued in fiscal year 2023 to individuals married to U.S. citizens. Many were due to past violations, missed deadlines, or failing to adjust status properly. These statistics show that marriage can help, but it cannot replace the need to follow legal procedures. (Source: DHS Yearbook of Immigration Statistics)
When Marriage Isn’t Enough
As a family immigration lawyer in Mesa, we’ve handled cases where marriage alone did not prevent deportation. Below are some of the most common scenarios where this happens:
1. You Entered the Country Illegally
If you entered the U.S. without inspection (crossing the border without a visa or being admitted at a port of entry), you could be considered inadmissible. Even if you marry a U.S. citizen, you cannot adjust status inside the U.S. unless you qualify for specific waivers or benefit from special immigration programs such as parole in place (PIP) for military family members.
2. You Overstayed Your Visa
Many individuals come to the U.S. on tourist, student, or work visas and remain after their authorized stay has ended. Marrying a citizen may allow you to apply for a green card. However, overstaying a visa can still lead to deportation, especially if U.S. Immigration and Customs Enforcement (ICE) encounters you before your green card application is filed and approved.
3. You Have a Criminal Record
Certain criminal offenses can make a noncitizen removable from the U.S., regardless of their marriage status. Crimes involving moral turpitude (CIMTs), drug-related offenses, domestic violence, or aggravated felonies under immigration law are all grounds for deportation.
4. USCIS Believes Your Marriage is Fraudulent
The U.S. Citizenship and Immigration Services (USCIS) scrutinizes marriage-based green card applications very closely. If they believe that your marriage was entered into solely for immigration purposes, you may not only face denial of your application, but could be placed into removal proceedings and permanently barred from future immigration benefits.
5. You Failed to Adjust Your Immigration Status
Marriage does not automatically change your status. If you’re in the U.S., you must file the correct forms (typically Form I-130 and I-485) and provide proof of your good-faith marriage. If you fail to file for adjustment or let your application lapse, you may be considered unlawfully present.
What Is “Conditional Residency”?
If you’ve been married for less than two years at the time your green card is approved, USCIS grants you conditional permanent residence, which is valid for two years. Before the end of this period, you must file Form I-751 (Petition to Remove Conditions on Residence) jointly with your spouse. This form proves your marriage is genuine and ongoing.
Failure to file Form I-751 correctly and on time can result in the automatic termination of your status and trigger removal proceedings. As your Mesa, AZ, family immigration attorney, we always advise clients to calendar this deadline well in advance and gather the necessary evidence to avoid complications.
The Role of ICE and Removal Proceedings
Even if you are married to a U.S. citizen, Immigration and Customs Enforcement (ICE) can still issue a Notice to Appear (NTA) if you’re found violating immigration law. Once in removal proceedings, an immigration judge will hear your case, and you must defend yourself against deportation.
In these situations, having an experienced immigration lawyer in Mesa is critical. We assist clients in requesting relief from removal, such as:
- Adjustment of status through marriage
- Cancellation of removal
- Waivers for unlawful presence or criminal grounds
- Asylum or other humanitarian protections
Good-Faith Marriage: Proving It’s Real
One of the most critical parts of your case is proving that your marriage is legitimate. This isn’t just about a marriage certificate—it’s about evidence of a real life built together. USCIS officers may request:
- Joint bank statements and leases
- Photos of your life together
- Travel records and shared bills
- Affidavits from family or friends
- Birth certificates of children born to the couple
Our team at Nye Family Law can help you assemble the proper documentation and prepare for your USCIS interview.
Recent Policy Shifts You Should Know
In June 2024, the Biden administration announced a policy allowing some undocumented spouses of U.S. citizens who have been in the U.S. for over 10 years to apply for work permits and deportation protection. White House data shows this could impact more than 500,000 immigrants nationwide. However, this protection is not automatic. You must apply and meet specific requirements.
Even with new protections, policies can change with new leadership or court decisions. Working with a family immigration law firm in Mesa is essential. We stay current on policy shifts and help clients benefit from changes while staying protected from potential enforcement actions.
How to Protect Yourself and Your Family
We’ve seen how overwhelming the process can be, especially when fear of deportation looms. Here are some proactive steps we encourage you to take if you’re married to a U.S. citizen:
1. Seek Legal Counsel Early
Don’t wait until ICE contacts you or you receive a notice in the mail. The sooner you speak to an experienced immigration lawyer in Mesa, the more options you will have. We offer confidential consultations to help you understand your situation and plan the best action.
2. Keep Accurate Documentation
Save all documents related to your relationship, immigration history, and correspondence with USCIS. These records can make or break your case if questions arise.
3. Avoid Criminal Convictions
Even seemingly minor infractions can lead to removal proceedings or affect your eligibility for a green card. If you’re charged with any crime, contact a criminal defense attorney and an immigration attorney immediately.
4. Monitor All Deadlines
Immigration applications often have strict deadlines. Missing one could result in denial or worse—deportation. We help clients track all deadlines and prepare complete, timely filings.
5. Respond to USCIS and ICE Notices Promptly
Never ignore a letter from USCIS or ICE. Even if it’s something you don’t fully understand, bring it to your attorney. Delays in response can lead to removal orders by default.
How We Help
We help with:
- Adjustment of status applications
- I-130 and I-485 petitions
- I-751 condition removal
- Immigration waivers
- Representation in immigration court
- Interview preparation and document review
Our clients appreciate our clarity and peace of mind in difficult situations. We treat every case with the personal attention it deserves.
FAQs About Deportation and Marriage to a U.S. Citizen
Can I stay in the U.S. while my marriage-based green card application is pending?
Yes, in most cases, you can remain in the U.S. while your adjustment of status (Form I-485) is pending—provided you entered the country legally and filed the application properly. However, if you’re undocumented or entered without inspection, consult a family immigration lawyer in Mesa to avoid risks.
Does marrying a U.S. citizen forgive illegal entry?
No, marriage does not erase prior immigration violations. If you entered the U.S. without inspection, you’re generally ineligible to adjust your status from within the country. However, certain waivers or consular processing options may be available depending on your situation.
Can I work while my green card is being processed?
Once you file Form I-485, you can apply for a work permit (Form I-765). If approved, you’ll receive an Employment Authorization Document (EAD), allowing you to work legally while your green card application is pending.
What if my spouse and I separate or divorce during the process?
Separation or divorce can complicate your case. Your application may be denied if your marriage ends before you obtain permanent residency. If you already have conditional residency, you can file Form I-751 with a waiver proving the marriage was genuine, even if it ended.
Is there a risk of deportation during my USCIS interview?
It’s rare, but possible—especially if there are past immigration violations or criminal issues. That’s why it’s crucial to attend your interview fully prepared with the help of a Mesa, AZ, family immigration attorney who can assess any risks and accompany you if needed.
Understanding Deportation when Married to a U.S. Citizen
Marriage to a U.S. citizen can be a powerful tool in your immigration journey, but it’s not a guaranteed shield against deportation. The truth is that any violation of immigration law—or failure to follow procedures correctly—can still lead to serious consequences. Our team of Mesa, AZ, family immigration attorneys is here to guide you every step of the way.
We encourage anyone navigating these issues to reach out. At Nye Family Law, we’ll give you the guidance and support you need to protect your rights, stay with your family, and build a secure future in the United States.
Need Help With Your Case?
If you’re worried about your immigration status or want to ensure your marriage-based petition is handled correctly, schedule a consultation today. Call Nye Family Law—your trusted family immigration lawyer in Mesa—and take the first step toward peace of mind.