Can an Immigrant Married to a US Citizen Be Deported?

Imagine the shock of building a life in a new country, feeling secure in your marriage to a US citizen, only to suddenly face deportation. It seems counterintuitive—how can a person, legally married to an American, be deported from the very place they are building a life? The reality is more complex than many people realize.

Marrying a US citizen provides certain protections and a pathway to residency, but it is not an automatic shield against deportation. There are countless factors that can lead to an immigrant's deportation, even if they are married to a US citizen. These factors revolve around criminal activity, fraud, misrepresentation, failure to maintain legal status, or not following proper immigration procedures. Let's dive into the different layers of how and why an immigrant spouse may still face deportation.

The Marriage Misconception: "Marriage Protects Against Deportation"

One of the most persistent myths is that marrying a US citizen will grant immunity from deportation. This belief is widespread but dangerously wrong. While marriage can make someone eligible for a green card, it does not automatically grant one. Even more, the marriage must be valid, genuine, and not for the sole purpose of evading immigration laws.

Authorities scrutinize marriages for fraud. The US Citizenship and Immigration Services (USCIS) conducts detailed interviews to ensure the marriage is legitimate. If the marriage is deemed fraudulent, not only is the immigrant at risk of deportation, but the US citizen spouse may face severe penalties, including imprisonment or hefty fines.

Real-World Example: Picture Maria, an immigrant from Brazil, married to John, a US citizen. They live together, have joint bank accounts, and seem like the perfect couple. However, during their immigration interview, small discrepancies begin to surface. John’s inability to recall important details about Maria’s family, conflicting timelines of their relationship, and a suspicious text found on Maria’s phone lead the USCIS to conclude that their marriage is fraudulent. Maria faces immediate deportation proceedings, and John is investigated for aiding and abetting immigration fraud.

Criminal Activity: The Fast Track to Deportation

Even with a legitimate marriage, criminal behavior can trigger deportation. Crimes of moral turpitude, aggravated felonies, or drug offenses are among the top reasons immigrants (even those married to US citizens) are deported. The US has stringent laws in place that prioritize the removal of immigrants who engage in criminal activity.

This raises a critical point: an immigrant spouse can be deported even if their US citizen spouse stays in the country. The connection to a US citizen doesn’t erase criminal records or grant immunity from law enforcement actions.

Statistics show that a significant percentage of deportations are linked to criminal activities. In 2022, for example, over 90,000 immigrants were deported due to criminal offenses, and many of these individuals were married to US citizens. The harsh reality is that criminal activity, regardless of marital status, jeopardizes an immigrant’s right to stay in the US.

Real-World Example: Let’s say Alex, a Russian immigrant, is married to Sarah, a US citizen. One night, Alex is arrested for possession of controlled substances. Although Alex pleads guilty and serves a short jail sentence, the offense triggers deportation proceedings. Despite Sarah’s pleas, their marriage cannot shield Alex from removal. He is deported, leaving Sarah behind to navigate life without her spouse.

Misrepresentation and Fraud: Lying Has Consequences

Even before the marriage takes place, if the immigrant misrepresents information on visa applications or during any immigration proceedings, they could face deportation later on. This could happen years after the fact, catching the individual completely off guard. Misrepresentation includes lying about one's past, hiding a criminal record, or falsifying documents.

For instance, if someone enters the US on a tourist visa but already plans to marry a US citizen and stay permanently, failing to disclose this information can be seen as fraud. Later on, when applying for permanent residency, this earlier misrepresentation can come back to haunt the immigrant.

Failure to Follow Immigration Laws: Marrying a Citizen Doesn't Remove All Rules

Even with the best intentions and a legitimate marriage, an immigrant must still adhere to all immigration rules and timelines. This includes properly filing for adjustment of status to obtain a green card and attending all necessary interviews. Missing deadlines, ignoring correspondence from USCIS, or failing to submit correct documentation can lead to serious problems.

Many immigrants mistakenly assume that marriage alone will protect them from deportation, even if they fail to maintain their visa status. However, the law is clear: non-citizens, even those married to US citizens, must follow immigration rules to the letter. If they don’t, they risk being deported.

Real-World Example: Juan, from Mexico, overstays his visa by a year before marrying Karen, a US citizen. They believe the marriage will resolve Juan’s visa issues, but because Juan did not file for adjustment of status promptly, he is considered "out of status" and risks deportation. Despite their marriage, the immigration system penalizes Juan for his failure to maintain legal status.

The Role of ICE: Immigration and Customs Enforcement

It's worth noting that deportation is a legal process initiated by US Immigration and Customs Enforcement (ICE), and marriage to a US citizen doesn’t stop ICE from enforcing immigration laws. When ICE issues a notice to appear (NTA) for deportation proceedings, the immigrant can defend themselves in immigration court, but being married to a US citizen doesn't automatically dismiss the case.

ICE has broad authority, and once a case is opened, the immigrant’s entire history is scrutinized. This includes reviewing criminal records, immigration violations, and even the status of the marriage itself. If ICE determines that the immigrant has violated immigration law in any way, they can recommend deportation, even if the individual is married to a US citizen.

Green Card and Conditional Permanent Residency

For those married for less than two years, the immigrant spouse typically receives a conditional green card. After two years, the couple must jointly file a petition to remove the conditions on the green card to receive permanent residency. Failing to do this or failing to prove that the marriage is still valid can lead to deportation.

If a couple divorces during the conditional period, this complicates the immigration process, and the immigrant spouse may lose their conditional status unless they can prove that the marriage was genuine and not entered into for immigration purposes.

What Are the Defenses Against Deportation?

Facing deportation doesn't mean an immigrant spouse is without options. There are several defenses they can use in court, depending on their situation. For instance, if deportation would cause "extreme hardship" to the US citizen spouse, this can be argued as a reason to halt removal proceedings. Additionally, individuals who have lived in the US for a long time and have strong ties to the community can appeal based on humanitarian grounds.

Another common defense is asylum. If the immigrant can prove that they face persecution in their home country based on race, religion, nationality, or political opinion, they may be granted asylum and be allowed to stay in the US despite deportation proceedings.

Real-World Example: Samira, from Syria, married a US citizen, but her asylum application was still pending when she was detained by ICE. She argued that returning to Syria would expose her to extreme danger, and after a lengthy court battle, she was allowed to stay in the US due to the severity of the situation in her home country.

Conclusion: The Fragile Safety Net of Marriage to a US Citizen

While marriage to a US citizen opens doors, it is by no means a guarantee of protection from deportation. Immigrants must still navigate the complex web of US immigration law, avoid criminal activity, and ensure they are following all procedures correctly. Marriage can provide a path to legal residency, but it is not a safety net for those who break the law or violate immigration rules.

Understanding the nuances of immigration law, particularly as it pertains to marriage, can prevent heartbreaking situations where families are torn apart due to deportation. The key takeaway is clear: being married to a US citizen is not a blanket protection against deportation. It is, instead, just one piece of a much larger legal puzzle.