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?

The short answer is yes, you can get married while in removal proceedings. However, there are certain factors that you need to consider before taking this step. First and foremost, you need to make sure that your marriage is genuine and not just a ploy to avoid deportation. Marrying solely for immigration purposes is considered fraud and can result in serious consequences. Additionally, getting married while in removal proceedings does not automatically grant you legal status in the US. You will still need to go through the proper channels and apply for a green card to become a lawful permanent resident. This process can be complicated and time-consuming, so it is important to seek the guidance of an experienced immigration attorney.

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.