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, our immigration lawyers are here to guide you.
Please don’t hesitate to contact an Immigration lawyer online or call (336) 724-2828 today for a consultation.
Key Points
- Marriage to a U.S. citizen does not automatically prevent deportation. Noncitizens can still be removed for immigration violations, unlawful entry, visa overstays, or criminal convictions.
- Marriage may create eligibility for certain forms of relief, such as adjustment of status, extreme hardship waivers, humanitarian protections, or cancellation of removal—depending on how and when you entered the U.S.
- Your legal options depend on key factors, including your current immigration status, method of entry, length of unlawful presence, and any prior immigration or criminal history.
How Does Marriage-Based Immigration Work?
Marriage to a US citizen can open one of the most direct pathways for a noncitizen to get the right to live in the US permanently. Getting married does not automatically entitle a non-citizen spouse to immigration benefits, such as lawful permanent residence; however, it allows the citizen spouse to sponsor the non-citizen spouse for a green card.
Green cards based on marriage to a US citizen are immediate relative visas. Unlike most other ways to sponsor someone for a green card, the US does not impose an annual limit on the number of immediate relative visas it issues per year.
For a US citizen to be able to sponsor their spouse, they must be in a valid, genuine marriage.
To be valid, the marriage must be recognized as legitimate under the law of the country where the couple got married. Generally, a valid marriage is one between two adults who are not closely related to each other or who are not already married. The immigration status of individuals does not affect the validity of their marriage.
A marriage is genuine if it is based on typical reasons people marry. A marriage intended to obtain a green card for a noncitizen is not genuine.
After three years with lawful permanent resident status, the noncitizen can apply for naturalized citizenship. Until the noncitizen spouse becomes a citizen, the government can still deport them for violating US immigration law.
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. If you are married to a US citizen and have temporary lawful status, such as a student visa, the government can still deport you if you violate the terms of your status.
Even if you have a marriage-based green card, the government can still deport you if you violate immigration law. The government can deport anyone who is not a US citizen. Marrying a U.S. citizen does not automatically stop deportation, but it may allow you to adjust status and apply for permanent residency if the marriage is genuine and you meet eligibility requirements, especially if you entered legally.
Can Marriage Stop Deportation?
Noncitizens can be deported despite being married to US citizens. Marrying a U.S. citizen does not automatically stop deportation, but it may allow you to adjust status and apply for permanent residency if the marriage is genuine and you meet eligibility requirements, especially if you entered legally.
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 whether their spouse assists with or participates in the application process.
What Factors Affect Your Options to Defend Against Deportation Based on Marriage?
Marriage does not prevent deportation, but several factors can affect whether being married to a US citizen can help you fight against deportation. In particular, your current status, how you entered the US, and how long you have been in the US without status, if applicable, play important roles.
Current Legal Status
Your current legal status can affect your right to defend yourself against deportation based on your marriage to a U.S. citizen. If you have no lawful status, you are fully deportable even after marriage. If you currently have lawful status, marriage does not provide additional protection from deportation, but you may be eligible to apply for a marriage-based green card while your status remains valid, thereby avoiding immigration violations.
How You Entered the US
The manner in which you entered the country may determine whether your marriage to a US citizen can help prevent deportation. If you entered without inspection, crossing the US border without going through an official government checkpoint, you typically cannot defend against deportation based on your marriage to a US citizen. If you entered the country with good status but that status has expired, your options depend on how long you have been present without status.
Unlawful Presence
Under US immigration law, noncitizens who spend time physically within US borders without lawful status accrue unlawful presence. Unlawful presence accrues each day. If someone is unlawfully present for more than 180 days but less than a year, the US bans them from returning for a period of three years. The government bans those who are unlawfully present in the US for one year or longer from returning for ten years. Repeated immigration violations can result in the government permanently banning the noncitizen from returning.
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. Most deported individuals who wish to return must also request a waiver, asking the government to forgive their immigration violations, before they can return.
Generally, the noncitizen has to live outside the US while the green card application pends, which can take years.
Frequently Asked Questions
Can You Marry an Illegal Immigrant?
Yes. A US citizen can marry an undocumented person. State law governs marriage, and the states are not generally involved in immigration.
Does Marriage Automatically Protect You from Deportation?
No. Marriage to a US citizen does not automatically stop deportation. Marriage can still help by creating eligibility for relief to defend against deportation, such as adjustment of status, extreme hardship waivers, or humanitarian protections.
What Is an Extreme Hardship Waiver?
An extreme hardship waiver allows some immigrants to remain in or return to the US if deportation would cause unusual hardship to their US citizen spouse. Examples include serious medical needs, financial dependence, or unsafe conditions abroad. It is one of the most common forms of relief available to married individuals when deportation is at stake.
Can a Deported Person Return by Marrying a US Citizen?
Possibly. A deported individual must apply for both a green card and permission to re-enter the US before they may return. They generally must remain outside the US while their applications process.
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.
Helen believes in providing caring, thoughtful and thorough representation for each and every person.
In particular, Helen focuses on helping individuals navigate the maze of rules, procedures and processes created by the United States Citizenship and Immigration Services and those facing criminal charges or deportation.
She represents clients facing criminal charges in both state and federal court. She is a member of the Criminal Justice Act panel of attorneys in the Middle District of North Carolina, and is admitted to practice before the Eastern, Middle and Western District Federal Courts as well as the Fourth and Eleventh Circuit Courts of Appeal.
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