Can I still marry legally after a deportation case?

I have been in the U.S for almost seven years now. I got into deportation proceedings 10 months after getting here for failing to comply with the F1 visa. I also applied for asylum which I have been following till now that it’s been dismissed. My question is, can I still marry legally here? I have decided to continue with my life and have met the love of my life but I am a little concerned that I won't be with her if I decide to take things to the courts again. I have never had a brush with the law except for that immigration case and perhaps a few speeding tickets.

Share |

Answered By: Touchstone Law Firm, LLC

Yes, you can. However, you must show that your marriage is not fraudulent and it's your burden to overcome the presumption.

Answer Applies to: District of Columbia
Replied: 10/20/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of Kenneth Wincorn P.C.

It is likely that you can adjust through marriage to a citizen.

Answer Applies to: Texas
Replied: 10/20/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: King & Ballow

Yes, you can marry and she can file for you to adjust status. However, if you have an outstanding deportation order, you will have to seek to reopen and adjust thru the Immigration Court. You will need to retain an immigration attorney.

Answer Applies to: Tennessee
Replied: 10/20/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Christine Troy

You need to sit down with a competent immigration attorney who specializes in removal to review your case. As a general matter, a person in removal can still apply for a green card in court via a valid marriage to a USC. But again, talk with your lawyer about this first.

Answer Applies to: California
Replied: 10/20/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of Grinberg and Segal

Unfortunately, I cannot answer your question without more information. You can legally marry in the United States so long as your marriage is valid in the state where it is done. However, if you are seeking to derive immigration benefits from your marriage this is a more difficult question to answer. We would need to know more about your prior immigration status. If you were ordered deported, you will need to reopen your case in order to seek adjustment of status in the United States. This is really a matter that should be discussed in person with an experienced attorney.

Answer Applies to: New York
Replied: 10/20/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Julian & Chin LLP

If your immigration court case is finished, then marriage after the fact will not make you eligible to remain. Usually, you have 90 days after a final decision in order to file a motion to reopen. You really should consult with an immigration lawyer.

Answer Applies to: Washington
Replied: 10/20/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.