I know someone that is currently held in custody and is in danger of deportation. If his girlfriend (US Citizen) marries him in jail, would it be enough to stop deportation? Or is that even possible? Also this is his second time caught illegally here in the US. If theres no way to stop deportation, then what is the process to bring him back by marriage to a US Citizen?
2007-12-22 21:51:49 · 25 answers · asked by Sara 2 in Politics & Government ➔ Immigration
Also he's been here since he was 5 years old, so he has no family or whatsoever in Mexico. And yes him and his girlfriend are in love. They were planning on getting married later, but now this happened.
2007-12-22 22:07:48 · update #1
US immigration and nationality laws are second in complexity only to the IRS Tax Code. Within all of the complexities have traditionally been many loopholes which have been exploited by people trying to circumvent the spirit, if not the letter, of the law. Because more and more people now see immigration violations as a factor in both economic stability and national security, there has been more and more scrutiny placed on the loopholes, and what may have been a useful loophole in the past is no longer available.
Of note, contrary to popular belief, not all persons who marry US citizens even qualify for a green card, and people who marry while one of them is in deportation proceedings are assumed to have a sham marriage - the burden of proof of legitimacy is squarely on the US citizen and the alien. The same enhanced burden applies when a prior deportee in another country is petitioned for by a US citizen fiance/spouse. Waivers are possible, with the outcomes influenced by individual circumstances, but it is time consuming and expensive, and there are no guarantees.
2007-12-22 22:23:25 · answer #1 · answered by Curious1usa 7 · 2⤊ 0⤋
She should leave the country before that deadline and then apply for a new student visa. If she is accepted to the University, their lawyers might be able to advise her on what paperwork she'll need to prove that she's a student. As long as she is not currently illegal, she should have no problems coming back as a student. People do that all the time! Edit: The wait for student visas in Mexico City (for example) is 2 days right now, though it could be longer (up to 30 days, it seems). I suggest that she should get all her paperwork together, and then travel to Mexico about 5 weeks before her school courses are supposed to start. So she should probably go soon to make sure she doesn't miss the beginning of classes in August (assuming that's when you start.) She will probably just be there for a few days, but it could be up to a month, apparently. Another option is for you to get married before that date and then submit an I-130 and I-485 for her to change her status to permanent resident based on your marriage. Once this is placed, she can legally stay in the US and will most likely get a work authorization 30 days after filing it. I don't personally think this is a good option for you guys, though, because she doesn't want to be a permanent resident of the US.
2016-05-26 00:32:31 · answer #2 · answered by Anonymous · 0⤊ 0⤋
No they can't get married in jail.
He now will likely get a lifetime ban from entering the US.
If they get married after he is deported, they can apply for a waiver to the lifetime ban. But they cannot apply for the waiver until he has lived a full 10 years outside of the US.
Sorry, but she's either going to have to move to Mexico with him, or find another boyfriend. People do both of those things all the time.
2007-12-23 06:35:18 · answer #3 · answered by Ellis Wyatt 5 · 1⤊ 0⤋
Just marrying someone to stop deportation is not a very good Idea, unles his girlfriend really does love him enough to marry him and stay with him. Even then the process is so lengthy. He would end up gettign deported anyway, because just to get temporary residency takes atleast a year, and it might not even get approved, if it is on record that is is his second offense. I'm sorry to say this, but his best bet might be to go back and try to get citizenship from there.
Check out this sit, it might answer any other questions you might have!!
http://www.us-immigration.com/information/citizenship_tutorial/index.html
2007-12-22 21:59:21 · answer #4 · answered by evaj13 2 · 3⤊ 0⤋
My best friend's father has spent the last two and a half years trying to get citizenship for his wife and her two daughters who are British nationals. He is wealthy and influential, as is she...and they still could not influence the process to become American citizens.
So, chances are, even if the two that you know get married, they'll ship him back to wherever he came from, and considering that he has been caught illegally twice, they're more likely to deny his application.
Tell him to apply for citizenship through INS like everyone who really wants to be here, or just wait and tell his children to do it properly. If he really wants to be a valid part of our country then he should respect our laws on how to become a citizen.
2007-12-22 22:09:29 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Getting married doesn't automatically get you citizenship.
My sister in law, who is Puerto Rican by birth (therefore a US citizen) married a Mexican guy who was an illegal. Unfortunately his green card expired and he doesn't speak English very well so the family will have to be split up.
You have to be able to be here fro a certain amount of time (3 years), be registered, and pass the citizenship test in English (which I am assuming he speaks).
This guy being in jail complicates things to the Nth degree.
Citizenship by marriage:
http://www.ehow.com/how_2002798_american-citizenship-marriage.html
2007-12-22 22:23:38 · answer #6 · answered by ☺☻☺☻☺☻ 6 · 2⤊ 0⤋
I am an American, married to a British citizen. I believe that even if he marries his American girlfriend there will be some suspicion as to his motive, especially considering his current situation. I recommend strongly that you consult an immigration lawyer- many will provide free information. Just ask what the best course of action is. But do us a favor and don't try to beat the system. It just makes it harder for those of us who do go the legitimate route. Yes - it is a pain, yes- it costs money, but we have no concerns about my husbands status. Good luck!
2007-12-22 22:05:43 · answer #7 · answered by Nancy C 3 · 2⤊ 1⤋
It is possible to marry while ur in jail but u need specific premission. Deportation is very hard to revoke.....my friend is havign this problem now. Her fiances mom in Mexico was sick so he went back...now shes ok but because he was here orginally illegally he can NOT get back in. He been trying to come back to the USA for years the legal way with no luck. I hope everythign works out but this goes to show....do things the legal way..and there is no room for problems later on.
2007-12-22 22:01:33 · answer #8 · answered by milty12345 4 · 2⤊ 1⤋
Bush got rid of amnesty when he became president in 2000. No getting married will not stop deportation. And once your deported you cant come back legaly for a minimum of 10 years.
I've discussed simmilar issue with a lawyer.
2007-12-22 22:45:55 · answer #9 · answered by loquitaamericana 5 · 4⤊ 0⤋
No a green card marriage isn't going to stop deportation
2007-12-23 00:01:36 · answer #10 · answered by Anonymous · 2⤊ 0⤋