Are you facing removal proceedings and planning to get married? The thought of getting married while facing deportation can be overwhelming and stressful. However, it is not impossible. Many individuals have successfully navigated through this process and have been able to stay in the United States with their loved ones. In this guide, we will provide you with all the necessary information and steps to take if you are planning to get married while in removal proceedings.

Understanding Removal Proceedings

Before we dive into the process of getting married while in removal proceedings, it is important to understand what removal proceedings are. Removal proceedings, also known as deportation proceedings, are legal proceedings initiated by the U.S. government to remove an individual from the country. These proceedings are initiated when an individual is found to be in violation of U.S. immigration laws, such as overstaying their visa or entering the country illegally.

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Can You Get Married While in Removal Proceedings?

Yes, it is indeed possible to get married while you are in removal proceedings. Marriage is recognized as a legal and binding contract between two individuals, and importantly, it is not contingent upon an individual’s immigration status. However, it is crucial to understand that entering into marriage does not automatically confer legal status in the United States. To adjust your immigration status following marriage, you must navigate a series of legal processes. This typically involves:

• Filing a petition: Your U.S. citizen or lawful permanent resident spouse must file Form I-130, Petition for Alien Relative, on your behalf.
• Adjustment of Status: If you are eligible, you may apply for adjustment of status using Form I-485, Application to Register Permanent Residence or Adjust Status.
• Consular Processing: If you are outside the U.S. or not eligible for adjustment of status, you may need to go through consular processing, which involves applying for an immigrant visa at a U.S. consulate abroad.

It is also essential to consult with an immigration attorney who can provide guidance tailored to your specific situation, as the intersection of marriage and immigration law can be complex. Additionally, be aware that any marriage entered into solely for the purpose of evading immigration laws can lead to severe legal consequences, including potential criminal charges. Therefore, ensure that your marriage is genuine and well-documented to avoid complications in your immigration journey. For more information on navigating immigration challenges, you can visit our comprehensive immigration resources.

Steps to Getting Married While in Removal Proceedings

1. Consult with an Immigration Attorney

The first and most important step to take is to consult with an experienced immigration attorney. They will be able to assess your situation and provide you with the best course of action. They can also advise you on any potential risks and guide you through the process.

2. Obtain a Marriage License

To get married in the United States, you will need to obtain a marriage license from the state where you plan to get married. Each state has its own requirements for obtaining a marriage license, so it is important to research the specific requirements of the state you plan to get married in.

3. Get Married

Once you have obtained your marriage license, you can proceed with getting married. It is important to note that getting married does not automatically grant you legal status in the United States. You will still need to take further steps to adjust your immigration status.

4. File for Adjustment of Status

After getting married, you can file for adjustment of status with the U.S. Citizenship and Immigration Services (USCIS). This process allows you to change your immigration status from non-immigrant to immigrant, which will allow you to stay in the United States with your spouse.

5. Attend Your Immigration Interview

Once you have filed for adjustment of status, you will be required to attend an immigration interview with your spouse. During this interview, you will be asked questions about your marriage and your immigration status. It is important to be honest and provide all necessary documentation to support your case.

6. Await a Decision

After your immigration interview, you will need to wait for a decision from USCIS. If your application is approved, you will be granted legal status in the United States. However, if your application is denied, you may be subject to removal from the country.

FAQs About Getting Married While in Removal Proceedings

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

A: Yes, you can get married to a U.S. citizen while in removal proceedings. However, it is important to consult with an immigration attorney to ensure that you are taking the necessary steps to adjust your immigration status.

Q: Can I get married to a non-U.S. citizen while in removal proceedings?

A: Yes, you can get married to a non-U.S. citizen while in removal proceedings. However, if your spouse is also in removal proceedings, it may complicate the process of adjusting your immigration status.

Q: Can I get married while in detention?

A: Yes, you can get married while in detention. However, the process may be more complicated and may require additional steps, such as obtaining permission from the detention facility.

Conclusion

Entering into marriage during removal proceedings is indeed feasible, but it necessitates meticulous planning and adherence to specific legal protocols. Engaging with a knowledgeable immigration attorney is essential; their expertise can help navigate the complexities of immigration law and ensure that you are making informed decisions that enhance your chances of a favorable outcome. Key steps to consider include gathering all necessary documentation, understanding the implications of your current status, and preparing for potential interviews or hearings. With the right legal guidance and comprehensive preparation, you can effectively pursue an adjustment of your immigration status, allowing you to remain in the United States alongside your spouse. This journey may seem daunting, but with the right support, you can achieve a successful resolution that secures your future together.