Introduction to Deportation and Reentry
A person who has been deported from the United States may still have the opportunity to return legally through marriage to a US citizen. However, the process can be complex and requires careful consideration of the individual's immigration history and current circumstances.
The first step in determining whether a deported person can return to the US through marriage is to consult with an experienced immigration lawyer. They can help assess the individual's eligibility for a green card or other immigration benefits.
Eligibility for a Green Card After Deportation
To be eligible for a green card after deportation, the individual must demonstrate that they are admissible to the US. This means they must not have any grounds of inadmissibility, such as a criminal record or prior immigration violations.
Additionally, the individual must show that their marriage to a US citizen is bona fide, meaning it is a genuine and not sham marriage. The couple will need to provide documentation and evidence to support their relationship.
The Role of the Immigration Lawyer
An immigration lawyer plays a crucial role in helping a deported person navigate the process of returning to the US through marriage. They can assist with preparing and filing the necessary paperwork, including the petition for alien relative and the application for a green card.
The lawyer can also help the couple prepare for the interview with US Citizenship and Immigration Services (USCIS), which is a critical step in the process. They can provide guidance on what to expect and how to present a strong case for the individual's eligibility for a green card.
Waivers of Inadmissibility
In some cases, a deported person may be inadmissible to the US due to prior immigration violations or other grounds of inadmissibility. However, they may be eligible for a waiver of inadmissibility, which can allow them to return to the US despite these grounds.
The individual will need to file a waiver application and provide documentation to support their case. The waiver process can be complex and requires careful preparation and presentation of evidence.
Conclusion and Next Steps
While the process of returning to the US after deportation through marriage can be challenging, it is not impossible. With the help of an experienced immigration lawyer, individuals can navigate the complex process and achieve their goal of reentering the US.
It is essential for individuals to seek professional guidance and to carefully consider their options and eligibility before pursuing a green card or other immigration benefits. By doing so, they can increase their chances of a successful outcome and a new start in the US.
Frequently Asked Questions
Can a deported person return to the US immediately after marrying a US citizen?
No, the process of returning to the US after deportation can take several months or even years, and requires careful consideration of the individual's immigration history and eligibility for a green card.
Do I need an immigration lawyer to help me with the process?
While it is possible to navigate the process without a lawyer, it is highly recommended to seek professional guidance to ensure the best possible outcome and to avoid costly mistakes.
What is the difference between a green card and US citizenship?
A green card grants permanent resident status, while US citizenship provides full rights and privileges of citizenship, including the right to vote and hold public office.
Can I apply for a green card if I have a criminal record?
It depends on the nature and severity of the crime. Certain crimes may make an individual inadmissible to the US, but a waiver of inadmissibility may be available in some cases.
How long does the green card application process typically take?
The processing time for a green card application can vary depending on the individual's circumstances and the workload of the USCIS. On average, it can take several months to a year or more to complete the process.
Can I appeal a denied green card application?
Yes, it is possible to appeal a denied green card application. However, the appeal process can be complex and requires careful consideration of the grounds for appeal and the evidence to support the case.