Are you facing the possibility of being removed from the United States? Are you also planning to get married to a US citizen? If so, you may be wondering if getting married while in removal proceedings can affect your case. The short answer is yes, it can. In this article, we will discuss the implications of getting married while in removal proceedings and what you need to know before taking this step.

Understanding Removal Proceedings

Before we dive into the topic of getting married while in removal proceedings, let’s first understand what removal proceedings are. Removal proceedings, also known as deportation proceedings, are the legal process by which the US government seeks to remove a non-citizen from the country. These proceedings are initiated when a non-citizen is found to be in violation of immigration laws, such as overstaying a visa or entering the country illegally.

Can You Get Married While in Removal Proceedings?

Absolutely, you can get married while in removal proceedings, but let’s take a deeper dive into what that really entails.

Authentic Love or a Means to an End?

Genuine Marriage Matters First things first, the authenticity of your marriage is paramount. Nobody wants to think about love as being scrutinized, but if you’re in removal proceedings, this is crucial. The authorities are on the lookout for marriages that are solely for immigration purposes. How do you prove your marriage is genuine? Well, think about all those little details that make your relationship special. Shared bank accounts, photos, trips together, and joint responsibilities all go a long way. Your union should be about more than just avoiding deportation. Consequences of Fraudulent Marriages If you think you can game the system, think again. Immigration fraud is taken very seriously. If discovered, not only can it lead to immediate deportation, but it can also ban you from entering the United States in the future. It’s simply not worth the risk.

Navigating the Legal Maze

Marriage Doesn’t Equal Legal Status Simply getting hitched doesn’t mean you’re clear. You will need to go through the formal channels to adjust your status. That means filing for a green card and proving your eligibility. Legal procedures aren’t cut-and-dried, and they require a lot of patience and paperwork. Seek Legal Counsel This process is undeniably complicated. You don’t want to find yourself tangled in bureaucratic red tape. Trust me, a seasoned immigration attorney can make a world of difference. They will ensure every “i” is dotted and every “t” is crossed.

Life in Limbo

Stay or Go? Navigating a relationship while under the stress of removal proceedings is tough. Trust me, I’ve been there. It feels like your life is in stasis. You’re trying to build a future while the ground beneath you constantly shifts. Emotional Impact Don’t underestimate the mental and emotional toll this can take. It’s not just about the legalities; it’s also about your well-being. Make sure you are taking care of yourself and your partner. Seek support from friends, family, or even a counselor. It’s important to stay grounded during this challenging time.

The Path Forward

Building a Case Once you’ve decided to move forward, it’s crucial to build a convincing case. That means gathering evidence and possibly even preparing for interviews. Authenticity is key; remember, the small, heartfelt moments are the ones that truly matter. Document everything that attests to your life together. Long-Term Planning Think about the future. Getting married is a big step, but it’s also the beginning of your journey together. Talk about your long-term goals and dreams. Plan for a life beyond the immigration struggles. This will not only help you in the legal process but also strengthen your relationship.

How Does Getting Married Affect Your Removal Proceedings?

Getting married while in removal proceedings can have both positive and negative effects on your case. On the positive side, it can show the immigration judge that you have strong ties to the US and are not a flight risk. This can potentially help your case and increase your chances of being granted relief from removal.

On the other hand, if your marriage is found to be fraudulent, it can have serious consequences. Not only can it lead to your removal from the US, but it can also result in criminal charges and a permanent bar from entering the country. It is crucial to be completely honest and transparent about your marriage during your removal proceedings.

What Happens After You Get Married?

After getting married, you will need to inform the immigration court and the Department of Homeland Security (DHS) of your change in marital status. This can be done by filing a motion to terminate your removal proceedings. The DHS will then review your case and decide whether to terminate your proceedings or continue with the removal process.

If your proceedings are terminated, you may be eligible to apply for a green card through your spouse. However, if your proceedings are not terminated, you will need to continue fighting your case and may need to explore other forms of relief, such as asylum or cancellation of removal.

FAQs

1. Can I get married to a US citizen while in detention?

Yes, you can get married while in detention, but you will need to obtain permission from the detention facility and follow their guidelines for getting married.

2. Can I get married to a US citizen if I have a final order of removal?

If you have a final order of removal, you will need to seek permission from the immigration judge to get married. If your marriage is found to be genuine, the judge may terminate your removal proceedings and allow you to apply for a green card.

3. Can I get married to a US citizen if I have a criminal record?

Having a criminal record can complicate your case, but it does not necessarily mean that you cannot get married to a US citizen. It is important to consult with an immigration attorney to assess your options and determine the best course of action.

Conclusion

Getting married while in removal proceedings can have significant implications on your case. It is crucial to ensure that your marriage is genuine and to seek the guidance of an experienced immigration attorney before taking this step. Remember to be honest and transparent throughout the process and to follow all necessary procedures to avoid any potential consequences.