Can You Be Deported If You Are Married to a United States Citizen?

Yes. A person may be deported even when legally married to a United States citizen. 

Marriage creates a qualifying family relationship, but it does not automatically provide lawful immigration status, cancel a removal order, or eliminate a ground of inadmissibility or deportability. 

According to the official USCIS Form I-130 guidance, filing or approving a family petition does not provide the foreign national spouse with lawful immigration status by itself. 

The United States citizen spouse may begin the immigration process by filing Form I-130, Petition for Alien Relative. The foreign national spouse must still qualify for adjustment of status in the United States or complete immigrant visa processing through a United States consulate. 

A pending or approved Form I-130 does not automatically prevent Immigration and Customs Enforcement from detaining someone or placing that person in removal proceedings. 

Why Marriage Does Not Automatically Stop Deportation 

Federal immigration law contains grounds that may make a person removable from the United States. 

These grounds may include immigration status violations, fraud, misrepresentation, marriage fraud, certain criminal convictions, security concerns, and other statutory violations. 

The principal grounds of deportability appear in Title 8, Section 1227 of the United States Code. 

A person may remain at risk of deportation because of the following issues: 

• Entry into the United States without inspection 

• A prior deportation or removal order 

• Certain criminal arrests or convictions 

• Fraud or misrepresentation 

• A false claim to United States citizenship 

• Marriage fraud allegations 

• Failure to attend an immigration court hearing 

• Violation of immigration status 

• Marriage to a United States citizen may create an opportunity for relief, but it does not erase these problems 

Can Marriage Lead to a Green Card? 

A spouse of a United States citizen is considered an immediate relative under immigration law. 

USCIS explains through its green card guidance for immediate relatives that immigrant visas are generally immediately available to qualifying spouses of United States citizens. 

Some spouses who entered the United States after inspection and admission or parole may qualify to apply for adjustment of status without leaving the country. 

The official USCIS adjustment of status guidance explains how eligible individuals who are already inside the United States may apply for lawful permanent residence. 

Certain adjustment restrictions involving unauthorized employment, an expired authorized stay, or failure to maintain lawful status may not apply to immediate relatives of United States citizens. 

USCIS discusses these exceptions in its Policy Manual concerning adjustment of status bars. 

These exceptions do not resolve every immigration issue. A person who entered without inspection may require a different legal strategy. 

What If You Entered the United States Without Inspection? 

A person who entered the United States without inspection may not qualify for ordinary adjustment of status through marriage. 

Individuals may need to complete immigrant visa processing outside the United States. However, leaving the country may trigger unlawful presence penalties. 

USCIS explains in its unlawful presence guidance that certain departures may result in a three year or ten-year period of inadmissibility. 

A person who has accumulated more than 180 days of unlawful presence may face a three-year bar after departure. 

A person who has accumulated one year or more of an unlawful presence may face a ten-year bar after departure. 

Some applicants may qualify for a provisional unlawful presence waiver before leaving the United States. 

The requirements for this process appear on the official USCIS Form I-601A page. 

Approval of a provisional waiver does not provide lawful status, guarantee approval of an immigrant visa, or waive every ground of inadmissibility. 

A person should not leave the United States for a consular interview until an experienced immigration attorney has reviewed the complete immigration history. 

What Happens If You Are Already in Removal Proceedings? 

A person who is already in immigration court may sometimes apply for adjustment of status as a defense to deportation. 

The Department of Justice identifies adjustment of status as a form of relief from removal for eligible individuals. 

Whether the immigration judge or USCIS has authority over the adjustment application may depend on the person’s manner of entry, procedural history, and immigration classification. 

An effective legal strategy may require coordination among USCIS, immigration court, the Department of Homeland Security, or multiple agencies. 

What If the Marriage Began After Removal Proceedings Started? 

A marriage entered after removal proceedings began may receive additional scrutiny. 

The couple may need clear and convincing evidence that the marriage is genuine and was not entered into for immigration benefit. 

USCIS discusses the standards for qualifying marriages in its Policy Manual concerning spouses. 

Evidence of a genuine marriage may include: 

• Joint leases or mortgage documents 

• Shared bank accounts 

• Joint tax returns 

• Insurance policies 

• Photographs 

• Travel records 

• Messages and correspondence 

• Birth certificates for children 

• Affidavits from relatives and friends 

• Documents showing a shared residence 

The evidence should be accurate, consistent, and supported by the couple’s immigration history. 

Can You Be Deported While Form I-130 Is Pending? 

Yes. A person may still face deportation while an I-130 is pending, but the pending petition can be an important part of a broader legal strategy. 

A pending Form I-130 does not grant lawful status or automatically stop deportation, but it can show that USCIS is reviewing a qualifying family relationship. 

Even an approved Form I-130 confirms that USCIS recognizes a qualifying family relationship. From there, the person may still need to address unlawful entry, criminal history, fraud allegations, prior removal orders, or other grounds of inadmissibility before receiving lawful permanent residence. 

A person in removal proceedings may have options, such as requesting a continuance, pursuing adjustment before an immigration judge, seeking reopening of an earlier case, or following another legal strategy with the help of an experienced immigration attorney. 

What If You Already Have a Final Removal Order? 

Marriage to a United States citizen does not automatically cancel a final removal order. 

A person with a final removal order may need to evaluate whether a motion to reopen, motion to reconsider, appeal, request for a stay, or another remedy is available. 

The Department of Justice provides procedures for motions before the Board of Immigration Appeals. 

Deadlines may apply, although exceptions may exist in certain cases involving lack of notice, changed circumstances, ineffective assistance, or other legally recognized grounds. 

Filing a motion to reopen does not always stop removal. A separate request for a stay may be necessary. 

What Happens If You Miss an Immigration Court Hearing? 

If you miss an immigration court hearing, the court may issue a removal order in your absence. 

A motion to reopen may be available when the person did not receive proper notice or was unable to attend because of exceptional circumstances. 

Anyone who discovers an in-absentia removal order should obtain the immigration court record and speak with a deportation defense attorney immediately. 

Can a Conditional Green Card Holder Be Deported? 

A spouse who receives permanent residence before the second anniversary of the marriage usually receives conditional permanent resident status. 

The conditional resident must file Form I-751 to remove the conditions on residence. 

The official USCIS Form I-751 guidance explains the filing process and available waiver options. 

A waiver of the joint filing requirement may be available when: 

• The marriage ended in divorce 

• The conditional resident experienced battery or extreme cruelty 

• Termination of status would create extreme hardship. 

A denial of Form I-751 may result in termination of conditional permanent resident status and removal proceedings. 

Can Criminal History Lead to Deportation Despite Marriage? 

Yes, certain criminal convictions may make a person deportable, inadmissible, subject to detention, or ineligible for immigration relief. 

The immigration consequences of a criminal case do not always match the name of the offense used in state court. 

An immigration attorney may need to review: 

• The criminal statute 

• Charging documents 

• Plea records 

• Sentencing documents 

• Certified court dispositions 

• The person’s immigration status at the time of the offense 

Even if a case was dismissed, sealed, or expunged, it may still need to be disclosed on an immigration application. 

What Are the Consequences of Marriage Fraud? 

Marriage fraud may result in denial of an immigration petition, removal of proceedings, criminal consequences, and restrictions on future immigration benefits. 

The government examines whether the couple intended to establish a genuine marital relationship when the marriage began. 

Divorce or separation does not automatically prove marriage fraud. However, inconsistent testimony, false documents, or conflicting addresses may create serious problems. 

Couples should never create false evidence or provide misleading information during a USCIS interview. 

Are Other Deportation Defenses Available? 

Marriage-based adjustment is not the only possible form of relief. 

Depending on the circumstances, a person may qualify for: 

• Cancellation of removal 

• Asylum 

• Withholding of removal 

• Protection under the Convention Against Torture 

• A waiver of inadmissibility 

• Adjustment through another immigration category 

• A motion to reopen 

• A challenge to the government’s allegations 

Some nonpermanent residents may qualify for cancellation of removal after proving the required period of physical presence, good moral character, the absence of disqualifying offenses, and exceptional and extremely unusual hardship to a qualifying relative. 

Official information appears on the EOIR cancellation of removal page. 

Certain survivors of battery or extreme cruelty may also qualify for relief under the Violence Against Women Act or for special rule cancellation of removal. 

Additional information is available through the EOIR special rule cancellation resource. 

What Should You Do After Receiving a Notice to Appear? 

Never ignore a Notice to Appear. 

The individual should: 

• Confirm the immigration court hearing date 

• Update the court after any address change 

• Collect prior immigration applications and notices 

• Obtain certified criminal records 

• Gather evidence of marriage 

• Review all entries into and departures from the United States 

• Consult an experienced deportation defense attorney 

Filing a marriage petition without reviewing the complete immigration history may create additional complications. 

How Spar and Bernstein Can Help Protect Your Family 

A deportation case involving marriage to a United States citizen requires more than filing immigration forms. 

The case may involve family immigration law, immigration court procedure, waivers, criminal immigration consequences, prior removal orders, and detention. 

The immigration attorneys at Spar and Bernstein assist clients with marriage petitions, adjustment of status, consular processing, waivers, immigration court hearings, motions, appeals, and deportation defense. 

An experienced immigration attorney can review the complete record, identify potential risks, prepare evidence of a genuine marriage, address inconsistencies, and present available relief before USCIS or the immigration court. 

Marriage to a United States citizen does not provide automatic protection from deportation. However, it may create an important opportunity to remain in the United States when the case is supported by convincing evidence and a carefully developed legal strategy. 

Frequently Asked Questions 

Does Marrying a United States Citizen Make You Legal Immediately? 

No. Marriage creates a qualifying relationship, but the foreign national spouse must still complete the immigration process and receive approval. 

Does an Approved Form I-130 Stop Deportation? 

No. Approval confirms the family relationship, but it does not provide lawful status or automatically cancel removal proceedings. 

Can Immigration Authorities Detain Someone Married to a United States Citizen? 

Yes. Marriage does not prevent detention when the government believes the person is removable or subject to an existing removal order. 

Can an Immigration Judge Approve a Marriage Green Card? 

An immigration judge may consider adjustment of status in certain removal proceedings when the court has authority, and the individual meets the legal requirements. 

Can Someone Who Entered Without Inspection Receive a Green Card Through Marriage? 

Possibly. The person may need consular processing, a waiver, parole, or another legal strategy. 

Legal Disclaimer 

This article provides general information and does not constitute legal advice. Immigration of eligibility, detention risk, and deportation defenses depend on the specific facts of each case and the law in effect at the time of filing.