For undocumented immigrants in the United States, the possibility of deportation is a constant concern.
Despite this, many people decide to take the risk and seek a better life in the country for economic, family, or personal reasons.
However, when someone is deported, their situation in the U.S. changes drastically, and the possibility of fixing their immigration status becomes more complicated.
One of the most common questions immigrants ask after being deported is whether they can fix their immigration status by marrying a U.S. citizen. In this article, we will explore the possible solutions to this question.
Can Marriage to a U.S. Citizen Fix My Immigration Status?
The short answer is yes, it is possible to fix your status in the United States by marrying a U.S. citizen. However, the situation is more complicated for those who have been deported.
If you have been deported, U.S. immigration law states that you must wait a certain period before applying for a visa or different immigration status.
This waiting period depends on the reason for your deportation and the time that has passed since the deportation.
If you plan to marry a U.S. citizen, you should know that you cannot simply return to the country and get married immediately. You should not commit to a marriage for immigration purposes.
It is crucial that the marriage is genuine and entered into in good faith. Otherwise, you may face severe consequences for committing fraud.
You must meet specific requirements and follow legal procedures to apply for a spousal visa and fix your status in the U.S.
Solutions to Fix Your Immigration Status
There are several options to explore if you want to fix your immigration status after being deported and marrying a U.S. citizen. These include:
Waiver of Inadmissibility
If you have been deported and wish to return to the U.S. to marry a citizen, you may need a waiver of inadmissibility.
This waiver allows you to enter the country despite having been previously deported.
To obtain a waiver of inadmissibility, you must demonstrate that your absence from the U.S. has caused extreme hardship for your U.S. citizen spouse.
K-1 Visa
The K-1 Visa is a fiancé visa that allows the fiancé(e) of a U.S. citizen to enter the country and get married.
After marriage, the immigrant can apply for a Green Card and fix their status in the United States. However, the K-1 visa is not an option if you are already married to your U.S. citizen partner.
Requirements for Marriage to a U.S. Citizen
Before considering marriage to a U.S. citizen as a way to fix your immigration status, it is important to know the requirements for this process. Some of these requirements include:
- Both spouses must be legally able to marry, meaning neither can be married to someone else at the time of marriage.
- The marriage must be genuine and not a sham for immigration benefits.
- Both spouses must present evidence of their relationship, such as photos, letters, or receipts for gifts.
Additionally, the applicant must provide evidence of documented presence in the U.S. at the time of marriage. They must also file an Adjustment of Status application to obtain a Green Card.
Keep in mind that the Adjustment of Status process based on marriage to a U.S. citizen can take several months or even years, and approval is not guaranteed.
Other Options to Fix Your Immigration Status
In addition to marriage to a U.S. citizen, there are other options to fix the immigration status of undocumented immigrants in the United States. These include:
- Asylum: Those who have suffered persecution in their home country can apply for asylum in the U.S.
- U Visa: Victims of certain violent crimes who cooperate with law enforcement may be eligible for a U visa.
- TPS (Temporary Protected Status): This program allows immigrants from certain countries to remain in the U.S. temporarily due to extraordinary circumstances in their home country, such as a natural disaster or armed conflict.
If you have been deported from the United States and are considering fixing your status through marriage to a U.S. citizen, it is crucial to understand the requirements for this process and the other options available to you.
