Can marriage to a US citizen stop deportation?

The short answer is no. Marriage alone won’t stop deportation or prevent you from being deported in the future. But, marriage to a US citizen can make it easier to establish your legal status in the United States.

If you or your spouse is an undocumented immigrant, then what are your options?

Your Immigration History Makes a Difference

After marriage, spouses are legally viewed as “immediate relatives.” However, you’ll only qualify for a green card if you meet one of the rare conditions for adjustment of status. Unfortunately, the majority won’t qualify for these conditions.

What you qualify for will depend on your immigration history. For ease of use, we’ve divided your options by case. Read the one that best describes you.

I have entered the country illegally two or more times

It will be more difficult for individuals who have entered the country illegally more than two times to establish their legal status. Especially if their total stay was longer than one year or they illegally entered the country after being deported.

If this is your situation, it’s possible that you could be permanently barred from returning to the United States. Your best option is to seek counsel from an immigration attorney, who will find the best option for you.

I have entered the country illegally one time and my stay was longer than 6 months

Establishing your immigration status is easier if you’ve only entered the country illegally one time. But, you still need to act quickly and complete the right process to successfully establish your immigration status.

You will be expected to leave the country and complete the green card application process at a US consulate in your country of origin. However, leaving the country could result in being barred from returning to the United States for 3-10 years. To avoid this from happening, you need to apply for a waiver.

This waiver requires you to provide strong evidence that your relative will suffer extreme hardship if left alone in the United States or if they were forced to live in your country of origin. Read this list to understand what qualifies as extreme hardship.

Once this waiver has been approved you’ll be able to complete an immigrant visa application and return if it’s approved without the 3-10 year waiting period.

I have entered the country illegally one time and my stay was less than 6 months

If your stay in the country is less than 6 months, then the simplest option is to return to your country of origin and apply for an immigrant visa. These are generally issued without too many problems since your stay in the country didn’t exceed 6 months.

Pursue the right option with the right partner

Knowing all of your options is essential to successfully stopping deportation and establishing your immigration status in the country. To do it confidently, you need to find a trusted immigration attorney.

At Robichaud & Alcántara our Minneapolis-based attorneys are specialists in immigration law. We’ve helped many clients successfully stop deportation and legally immigrate to the United States. If you still don’t know what comes next, then schedule a free consultation and let us help.

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from Experienced Attorneys in Minneapolis MN | Robichaud & Alcantara Law P.A. https://www.robichaudlaw.com/news-resources/can-marriage-us-citizen-stop-deportation/

How to Stop Deportation (6 Common Options)

Facing deportation is a stressful situation for you and your loved ones. But, it doesn’t mean that you’re out of options. In this article, we’ll discuss a few common ways to stop deportation.

Deferred Action (DACA)

Deferred Action is when the government agrees to not take action on your case for a limited amount of time, usually 2 years. Afterward DACA recipients can apply for a work permit and social security number, giving them access to essential documents like a Driver’s License. If you are currently benefiting from this agreement or want to apply, you should talk to an immigration attorney since the status of the program is shifting.

Adjustment of status

Adjustment of status is a process you can use to apply for lawful permanent residence without leaving the country. Typically these options are available to people who have entered the country legally. An immigration attorney will help you understand if this option will work for you.

But, what if you didn’t enter the country legally?

Cancellation of Removal and Adjustment of Status for Certain Non-Permanent Residents

This act can help you stop deportation, but you need to make sure that you meet the strict requirements. Some of the requirements include:

• Having lived in the U.S. without leaving for 10 years or more.
• Being a person of good moral character.
• Not having a conviction that includes serious offenses.
• Your removal would cause unusual hardship to another qualifying United States citizen, for example, a spouse, parent, or child.

Violence Against Women Act (VAWA)

If you have been a victim of abuse or extreme cruelty you may be able to apply for a cancellation of deportation. Among other things you’ll need to have proof of residence in the U.S. for 3 years and a good moral character. Taking advantage of this act can help you get a green card and provide a path to citizenship.

Asylum

If you came to this country seeking protection from persecution based on race, religion, nationality, social group, or political opinion you may qualify to receive protection through Asylum. Successfully applying for Asylum can help you get a work permit and eventually a green card, but you must fall into one of the mentioned categories.

Withholding of Removal Under Section 241 and Under the Convention Against Torture

Withholding of removal can stop deportation based on danger you’ve experienced in the past or may experience in the future from your home government. This process can also be used if you may experience serious harm upon returning to your home country.

The Convention Against Torture or CAT specifically protects those who could be tortured when returning to their home country. To take advantage of this act the person would need evidence to prove this possibility, such as evidence of past torture.

Unlike Asylum, it’s usually not possible to apply for permanent residence after receiving the benefits of these acts. But, they can help you stay in the U.S. and receive work permits.

What can you do?

These are just some of the options available if you’re facing deportation. Since your options vary greatly depending on your situation, it’s best to talk to an immigration lawyer to understand your options.

Our Minneapolis law firm, Robichaud & Alcántara, would be happy to help you understand your legal situation. Contact us today to learn what you can do to stop deportation.

The post How to Stop Deportation (6 Common Options) appeared first on Experienced Attorneys in Minneapolis MN | Robichaud & Alcantara Law P.A..

from Experienced Attorneys in Minneapolis MN | Robichaud & Alcantara Law P.A. https://www.robichaudlaw.com/news-resources/stop-deportation-6-common-options/