The Ins and Outs of Getting Married While in Removal Proceedings

Are you currently in the process of removal proceedings and also planning to get married? This can be a daunting and confusing time, but don’t worry, you’re not alone. Many individuals facing removal proceedings find themselves in a similar situation. In this article, we’ll break down the steps and considerations you need to take when getting married while in removal proceedings.

Understanding Removal Proceedings

First, let’s start with understanding what removal proceedings are. Also known as deportation proceedings, this is a legal process initiated by the United States government to remove a non-citizen from the country. This can happen for various reasons, such as violating immigration laws or committing a crime. If you are in removal proceedings, it means that the government is seeking to remove you from the country.

Can You Get Married While in Removal Proceedings?

The short answer is yes, you can get married while in removal proceedings. However, there are certain factors and steps you need to consider before tying the knot. Let’s take a closer look at them.

Consult with an Immigration Attorney

Before making any decisions, it’s crucial to consult with an experienced immigration attorney. They will be able to assess your case and provide you with the best course of action. An attorney can also help you understand the potential consequences of getting married while in removal proceedings and how it may affect your case. When it comes to immigration matters, it is crucial to seek the advice of an experienced attorney before making any decisions. As an immigrant myself, I understand the complexities and uncertainties that come with navigating the immigration system. That’s why I highly recommend consulting with an attorney who has the knowledge and expertise to guide you through the process.

Legal Status of Your Partner

If your partner is a U.S. citizen or a lawful permanent resident, getting married can potentially help your case. This is because your partner can petition for you to obtain a green card, which can ultimately lead to the dismissal of your removal proceedings. However, if your partner is also undocumented, getting married may not have any effect on your case.

Marriage Fraud

It’s important to note that getting married solely for immigration purposes is considered marriage fraud and is a serious offense. If the government suspects that your marriage is fraudulent, it can lead to criminal charges and deportation. Therefore, it’s crucial to have a genuine and legitimate relationship with your partner before considering marriage.

Timing is Key

Timing is crucial when it comes to getting married while in removal proceedings. If you get married before your first court hearing, it can potentially help your case. However, if you get married after your first hearing, it may raise suspicion and could potentially harm your case.

Steps to Getting Married While in Removal Proceedings

If you have consulted with an immigration attorney and have decided to get married while in removal proceedings, here are the steps you need to take.

Obtain a Marriage License

The first step is to obtain a marriage license from your local county clerk’s office. Both you and your partner will need to be present and provide identification documents. The cost and requirements for a marriage license may vary depending on the state you live in.

Have a Legal Ceremony

Once you have obtained your marriage license, you will need to have a legal ceremony. This can be done at a courthouse or with a registered officiant. It’s important to have a legal ceremony and not just a religious or cultural ceremony, as it will be recognized by the government.

File for Adjustment of Status

After getting married, you will need to file for adjustment of status with the U.S. Citizenship and Immigration Services (USCIS). This process will require you to submit various documents, such as your marriage certificate, proof of your legal entry into the country, and evidence of your relationship with your partner.

Attend Your Immigration Court Hearings

While your adjustment of status is being processed, you will still need to attend your immigration court hearings. If your case is still ongoing, your attorney can request a continuance until your adjustment of status is approved.

Conclusion

Getting married while in removal proceedings can be a complicated and overwhelming process, but it is possible. It’s crucial to consult with an immigration attorney and have a legitimate relationship with your partner before considering marriage. Timing is also key, and it’s important to follow the proper steps and procedures to ensure a successful outcome.

FAQs

1. Can I get married to a U.S. citizen while in removal proceedings?

Yes, you can get married to a U.S. citizen while in removal proceedings. However, it’s important to have a legitimate relationship and not just get married for immigration purposes.

2. Will getting married guarantee that my removal proceedings will be dismissed?

No, getting married does not guarantee that your removal proceedings will be dismissed. It can potentially help your case, but the final decision will be made by the immigration judge.

3. How long does the adjustment of status process take?

The adjustment of status process can take anywhere from 8 months to over a year. It’s important to attend all your immigration court hearings while your case is being processed.


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