Marriage to a US citizen can provide a path to lawful status. But can you be deported if you are married to a US citizen? Even if you are married to a citizen, you can still face deportation. Sometimes, you can avoid deportation based on your marriage, but it is not a guarantee, especially if you have a history of immigration violations or criminal convictions.
An experienced immigration lawyer can help you understand how marriage impacts your immigration status and whether you qualify for relief.
At EMP Law, we help individuals across North Carolina, including those facing tough odds in immigration court and those with criminal histories. Our team has a strong record of defending people against powerful government agencies and fighting for individuals and families. Whether you face deportation or just want to understand your options, we are here to guide you.
Why Can Noncitizens Be Deported?
The government deports noncitizens for:
- Entry without inspection (EWI)—entering the US without permission and without passing through customs;
- Unlawful presence—being physically present in the US without active legal status;
- Overstaying a visa—remaining in the US after legal status expires;
- Violating the terms of a visa—doing something a visa forbids or failing to do something a visa requires;
- Criminal convictions—pleading guilty or being found guilty of one or more crimes;
- Forgery and document fraud—using forged documents, particularly documents claiming you have legal status; and
- Committing immigration fraud—lying on an immigration application or marrying to get a green card.
The government may waive many of these issues, but having any in your history complicates your ability to apply for legal status.
Can You Be Deported If You Are Married to a US Citizen?
Some people believe that an illegal immigrant marrying a US citizen gets the noncitizen a free pass to stay in the US. This is not true. Marriage alone does not protect you, nor does having a green card. The government can deport anyone who is not a US citizen.
Can Marriage Stop Deportation?
Noncitizens can be deported despite being married to US citizens. While marriage to a US citizen does not automatically stop deportation, it may help you qualify for certain legal protections or justify pausing or reopening an immigration case.
You may gain the right to stay in the US by:
- Applying to adjust your status based on your marriage,
- Requesting an extreme hardship waiver, or
- Applying for humanitarian protections.
Whether you have these options or others depends primarily on your current legal status, how you entered the country, and, if you lack current status, how long you have been in the US without it.
Marriage-Based Adjustment of Status
Spouses of US citizens can apply for lawful permanent resident (LPR) status, permission to live and work in the US permanently, by requesting an immediate relative (IR) visa. To qualify, you must show that you are legally married and your marriage is genuine, not for immigration purposes. Notably, if you committed EWI, you are typically ineligible to adjust your status and may be unable to use your marriage to prevent deportation.
Extreme Hardship Waivers
Extreme hardship waivers allow noncitizens to remain in the US if their deportation would cause a US citizen or LPR relative to experience extreme hardship. Extreme hardship goes beyond what most families experience when separated. It may involve:
- Serious medical conditions requiring treatment in the US;
- Loss of essential financial support for your family;
- Being the primary caregiver for children, elderly parents, or other dependents; or
- Dangerous or unstable conditions that would make it unsafe for the US citizen or LPR to join you in your home country.
Proving extreme hardship is often an uphill battle where the advice of an immigration attorney is invaluable.
Humanitarian Protections
If the country you would be deported to is unsafe, you may request humanitarian protections like asylum or Temporary Protected Status (TPS), depending on the circumstances. If you receive those humanitarian protections, the government may allow you to remain in the US, adjust your status based on your marriage, and benefit from the IR visa timeline.
You can also request cancellation of removal if you have:
- Lived in the US for 7 years as an LPR or 10 years without LPR status;
- No serious criminal convictions; and
- A US citizen or LPR spouse, child, or parent who will suffer “exceptional and extremely unusual hardship” if you are deported.
Additionally, through the Violence Against Women Act (VAWA), abused spouses of US citizens can sponsor themselves for a green card, regardless of what their spouse does.
Can a Deported Person Come Back Legally by Marrying a Citizen?
Sometimes, a deported person can legally return to the US by marrying a citizen. Before that, however, they must apply for a green card and legal permission to reenter the country. Generally, the noncitizen has to live outside the US while the green card application pends, which can take years.
Can You Marry an Illegal Immigrant?
Yes. A U.S. citizen can marry an undocumented person. State law governs marriage, and the states are not generally involved in immigration.
Get Help from a Skilled Immigration Lawyer at EMP Law
If you or a loved one is facing immigration issues despite being married to a US citizen, an immigration lawyer at EMP Law is here to help. Our North Carolina-based firm has built a reputation for standing up to the government and guiding clients through complex legal battles. We have experience with waivers, deportation defense, adjustment of status, and other legal options related to marriage and family immigration. Contact EMP Law today for a consultation.
Resources:
- Inadmissible aliens, 8 U.S.C. § 1182 (2025) , link.
- Deportable aliens, 8 U.S.C. § 1227 (2008), link.
- Cancellation of removal; adjustment of status, 8 U.S. Code § 1229b (2008), link.
- U.S. Citizenship and Immigration Services, Chapter 5 – Extreme Hardship Considerations and Factors, link.
- U.S. Citizenship and Immigration Services, Green Card for Immediate Relatives of U.S. Citizens, link.
- U.S. Citizenship and Immigration Services, Humanitarian, link.
- U.S. Citizenship and Immigration Services, Immigration Benefits in EOIR Proceedings, link.
- U.S. Citizenship and Immigration Services, Unlawful Presence and Inadmissibility, link.
Michael provides compassionate, diligent, and creative legal services that are tailored to meet each client’s specific needs. His experience relating to clients from diverse backgrounds makes him well suited for representing his clients across a broad range of legal areas. He practices in the areas of employment law and family law, and is experienced in criminal law.
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