Can Marriage Prevent Deportation; Immigration Law Explained!

Introduction

The majority of individuals believe that marrying an immigrant or a legal resident/citizen of a country will somehow prevent an individual from being deported, but the law of immigration is much more complex. Marriage can help to stop deportation in certain cases, but it will not guarantee legal status or prevent removal in every case.

This blog explores whether marriage stops deportation, how immigration policy treats marriage-based residency, the lawsuits, and what couples can do in order to stay together legally.

 

1. Does Marriage Automatically Prevent Deportation?

A. Marriage to a Citizen or Permanent Resident

✔ In most countries, marriage to a citizen or permanent resident can grant legal residence under family immigration.

✔ The marriage does not stop deportation on its own. The foreign spouse has to search for legal status to stop the deportation process.

B. Key Factors That Affect Deportation Cases

✔ There are immigration officials who investigate the marriage to verify that it is genuine and not fraudulent for citizenship.

✔ The foreign spouse has to fulfill all residency and visa requirements as per the rules.

✔ The pre-marriage visa or immigration status may affect eligibility for residency.

 

2. Can Marriage Help Stop Deportation?

There are some cases in which marriage can delay or prevent deportation, but it depends on several factors given below.

A. If the Person is Already in Deportation Proceedings

✔ If a person is threatened with deportation from a nation, marriage can offer a means to change status and remain legal.

✔ On the other hand, the spouse requests to apply for permanent residence (green card, visa renewal, etc.) prior to the completion of the deportation.

Possible Outcomes:

• The person can stay in case the government gives approval to the residency application.
• If the request is rejected, deportation will continue.

 

B. If the Person is Undocumented (Without Legal Status)

✔ Numerous undocumented immigrants marry citizens or legal residents in hopes of obtaining legal status.

✔ Certain countries permit "provisional waivers" for undocumented spouses, but there are no assurances or chances of getting an approval.

Possible Challenges:

• The undocumented spouse might have to travel abroad to apply for a visa, with the risk of a re-entry ban.
• In case the individual has a criminal history or previous immigration infractions, they can still be deported.

Example: In the U.S., an illegal spouse may file for a green card based on marriage but have to demonstrate that the marriage is legitimate or genuine and comply with other immigration rules of the country.

 

C. If the Person Overstayed a Visa

✔ At times, marriage assists the visa overstayers in getting legal status, but they will have to petition for an adjustment of status.

✔ If the individual exits voluntarily prior to deportation, there is a better opportunity for their return on legal grounds.

✔ Legal Options:

• Certain nations have "hardship waivers" in which spouses are permitted to remain if deportation would result in severe hardship.

 

D. If the Marriage is Fake (Fraudulent Marriage)

✔ Immigration authorities strictly examine visa applications based on marriage.

✔ If a marriage is found to be fraudulent, the foreign spouse can:

• Be refused residency.
• Be deported and prohibited from re-entry.
• Be criminally charged and fined.

Example: The UK Home Office conducts interviews and background checks to confirm marriages for visas are legitimate or not.

 

3. How Different Countries Handle Marriage & Deportation

A. United States

✔ The U.S. Citizenship and Immigration Services (USCIS) permits the spouse of a U.S. citizen to file for a green card.

✔ If the foreign spouse is already in deportation proceedings, they may petition for cancellation of removal due to marriage.

✔ The couple, however, must establish a bona fide marriage (true marriage)

✔ Challenges:

• If the spouse had entered the country illegally, they might need to depart and petition from their country of origin.
• If the individual has a criminal history, deportation can go forward.

 

B. Canada

✔ Canadian citizens or permanent residents' spouses are eligible to apply for spousal sponsorship.

✔ If a spouse is in the proceedings of deportation, they may ask for a stay while their residency application is being processed.

Challenges:

• If the application is rejected, deportation will persist.
• If the individual has lied about information, they can be prohibited from re-entering.

 

C. United Kingdom

✔ Spouses of settled residents or British citizens are eligible to make a spouse visa application.

✔ If the foreign spouse is here illegally, they might have to go and apply from their home country.

Challenges:

• UK spousal visas have high financial and language requirements.
• Marriages that are not genuine are thoroughly investigated, and fraud can result in deportation and a re-entry ban.

 

D. Australia

✔ The Partner Visa allows a foreign spouse to apply for permanent residency.

✔ If already subject to deportation, they are required to establish that their deportation would result in serious hardship.

Challenges:

• Immigration officers scrutinize cautiously if the marriage is real.
• Criminal records can prevent residency approval, resulting in deportation.

 

4. How to Prevent Deportation Through Marriage

If a foreign spouse wishes to remain in a nation legally by marrying, they must take the right legal procedures.

A. Apply for the Correct Visa or Residency Permit

✔Before deportation proceedings, apply for a spousal visa or residency permit on the basis of marriage.

Steps to Follow:

1. Provide marriage certificates and legal papers.
2. Show proof of a genuine relationship (photos, messages, joint bank accounts, etc.).
3. Comply with the nation's immigration regulations for family reunification.

 

B. File an Appeal if Facing Deportation

✔ If the individual is already under deportation proceedings, they might be able to appeal.

✔ Immigration courts can suspend deportation while considering a spousal residency petition.

Legal Defenses:

• Humanitarian appeals – If deportation would lead to severe hardship.
• Waivers for unlawful presence – Waivers are permitted in some nations if the foreign spouse has family connections.

 

C. Hire an Immigration Lawyer

✔ Immigration law is complicated, and the services of an attorney enhance the likelihood of approval.

✔ An attorney can assist in filing petitions, appeal deportation, and petition for waivers.

 

5. Can a Deported Spouse Return After Marriage?

✔ If one has been deported, they can still petition for a spousal visa to re-enter.

✔ Re-entry bans can be in effect, depending on the basis of deportation.

✔ Waivers for re-entry are permitted in some nations if the spouse demonstrates extreme hardship.

Example: A deported spouse seeking a U.S. green card has to wait for the re-entry ban to lapse or request a hardship waiver.

 

6. Conclusion

Marriage can delay or even stop deportation in some cases. It will not automatically grant legal status. There are strict rules in every country to guarantee the authenticity of marriages and to ensure that foreign partners abide by immigration laws.

To avoid deportation, couples can seek legal residence, follow the rules of immigration, and acquire legal counsel when needed. Marriage may be an avenue to residency, but only legally and for real reasons in order not to incur immigration issues.

 

Declaration

The details in this article are for general information only. We urge readers to make their own investigations and cross-check facts with official sources before making a decision. We do not make any guarantee as to the accuracy of the information, and we accept no responsibility for any outcome resulting from the use of the information.

 

References

1. U.S. Citizenship and Immigration Services (USCIS) – Marriage-Based Immigration – www.uscis.gov
2. Government of Canada – Spousal Sponsorship – www.canada.ca
3. UK Home Office – Family and Spouse Visa Rules – www.gov.uk
4. Australian Department of Home Affairs – Partner Visa Guide – www.homeaffairs.gov.au
5. European Commission – Family Reunification Rights in EU Countries – www.ec.europa.eu