Introduction to Deported Person Legally Return by Marrying a U.S. Citizen

In the complex world of immigration law, the question often arises: Can a deported person legally return to the United States by marrying a U.S. citizen? This article will delve into this intricate matter, offering a detailed examination of the legal pathways available to individuals facing deportation who seek to reunite with their loved ones and regain lawful status.

While the process of marrying a U.S. citizen may provide an opportunity for a deported person to potentially regain lawful status, it is crucial to understand that marriage alone does not guarantee automatic approval for re-entry. The United States Citizenship and Immigration Services (USCIS) closely scrutinizes these cases to ensure that the marriage is genuine and not solely entered into for the purpose of evading immigration laws.

In order to ascertain the authenticity of the marriage, the USCIS conducts thorough interviews, examines supporting documentation such as joint bank accounts, lease agreements, and utility bills, and may even visit the couple’s home to verify their living arrangements. The intention is to prevent cases of fraud and ensure that the marital union is borne out of love and commitment.

Additionally, it is important to note that being deported can have serious consequences on an individual’s immigration record. If a person was deported based on criminal grounds, such as a conviction for a serious crime, it becomes even more challenging to navigate the legal pathways for returning to the United States.

In these cases, it is advisable for the deported individual to consult with an experienced immigration attorney who can guide them through the complex processes of seeking waivers for previous deportations and building a strong case to demonstrate their eligibility for re-entry based on genuine marriage.

It is also essential for couples to be aware of the potential delays and uncertainties involved in this process. USCIS has the authority to conduct thorough investigations, which means that the application may take longer to process. Patience and thorough preparation are key elements for success in these cases.

Ultimately, while marrying a U.S. citizen can present an opportunity for a deported person to legally return to the United States, it is crucial to approach the situation with full awareness of the complexities involved. Seeking professional legal guidance and preparing a substantial case are vital steps to increase the chances of a successful reunification with loved ones in the United States.

Understanding the Basics

Before we explore the specific relief options, it’s crucial to grasp the fundamental concepts. Let’s begin with definitions and explanations:

1. Deportation: Deportation, formally known as “removal,” refers to the legal process of expelling non-U.S. citizens from the United States based on violations of immigration laws.

2. Marriage to a U.S. Citizen: This entails a union between a foreign national and a U.S. citizen, with the intent to establish a genuine marital relationship.

Legal Relief Options

Now, let’s examine the various forms of relief available to those facing deportation:

A. Cancellation of Removal: This relief is available for both lawful permanent residents (Green Card holders) and non-permanent residents. It allows individuals to avoid deportation if they meet specific criteria, such as continuous physical presence in the U.S. for a certain period.

B. Adjustment of Status: If you’re married to a U.S. citizen, you may be eligible to adjust your immigration status and obtain a Green Card, which can ultimately lead to citizenship.

C. I-601A Provisional Waiver: This waiver is designed to forgive certain immigration violations, such as unlawful presence, for immediate relatives of U.S. citizens, making it easier for them to obtain legal status.

D. U Visa: Victims of certain crimes who cooperate with law enforcement may be eligible for a U visa, which can lead to lawful permanent residency.

E. Asylum or Withholding of Removal: Individuals facing persecution or a well-founded fear of persecution in their home country may seek asylum or withholding of removal, which can grant them legal status.

The Experience of a Legal Professional

As an experienced immigration and criminal defense attorney in New York and New Jersey, I have witnessed countless individuals facing deportation navigate the complex legal landscape. It is essential to consult with a knowledgeable attorney who can guide you through the process, ensuring your rights are protected and your case is presented effectively.

In Conclusion

In conclusion, while the path to legal reentry after deportation through marriage to a U.S. citizen is challenging, it is not impossible. It requires a thorough understanding of immigration laws, eligibility criteria, and a dedicated legal advocate. By exploring the relief options outlined in this article, individuals can take proactive steps toward reuniting with their families and rebuilding their lives in the United States.

  1. 212(c) Waiver Lawyer
  2. Criminal and Immigration Attorney
  3. Aggravated Assault
  4. Asylum Lawyer
  5. Burglary Defense Lawyer
  6. Cancellation of Removal
  7. Criminal Defense Lawyer
  8. Cyber Crime Defense
  9. Deportation Defense
  10. Domestic Violence
  11. Drug Crimes
  12. Federal Immigration Crimes
  13. I-601 Waiver
  14. Immigration Appeals
  15. Immigration Bond
  16. Immigration Fraud Defense
  17. Motion 440.10 New York
  18. Motion to Change Venue
  19. Motion to Reopen
  20. Prosecutorial Discretion
  21. Reentry After Deportation
  22. Robbery
  23. S Visa
  24. Stay of Deportation Lawyer
  25. Theft Offenses
  26. U Visa Lawyer
  27. Writ Coram Nobis
  28. Writ Habeas Corpus
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