Are you facing removal proceedings and planning to get married? The thought of getting married while facing deportation can be overwhelming and stressful. However, it is not impossible. Many individuals have successfully navigated through this process and have been able to stay in the United States with their loved ones. In this guide, we will provide you with all the necessary information and steps to take if you are planning to get married while in removal proceedings.
Understanding Removal Proceedings
Before we dive into the process of getting married while in removal proceedings, it is important to understand what removal proceedings are. Removal proceedings, also known as deportation proceedings, are legal proceedings initiated by the U.S. government to remove an individual from the country. These proceedings are initiated when an individual is found to be in violation of U.S. immigration laws, such as overstaying their visa or entering the country illegally.
Can You Get Married While in Removal Proceedings?
The short answer is yes, you can get married while in removal proceedings. Marriage is a legal and binding contract between two individuals, and it is not affected by an individual’s immigration status. However, getting married while in removal proceedings does not automatically grant you legal status in the United States. You will still need to go through the proper channels and follow the necessary steps to adjust your immigration status.
Steps to Getting Married While in Removal Proceedings
1. Consult with an Immigration Attorney
The first and most important step to take is to consult with an experienced immigration attorney. They will be able to assess your situation and provide you with the best course of action. They can also advise you on any potential risks and guide you through the process.
2. Obtain a Marriage License
To get married in the United States, you will need to obtain a marriage license from the state where you plan to get married. Each state has its own requirements for obtaining a marriage license, so it is important to research the specific requirements of the state you plan to get married in.
3. Get Married
Once you have obtained your marriage license, you can proceed with getting married. It is important to note that getting married does not automatically grant you legal status in the United States. You will still need to take further steps to adjust your immigration status.
4. File for Adjustment of Status
After getting married, you can file for adjustment of status with the U.S. Citizenship and Immigration Services (USCIS). This process allows you to change your immigration status from non-immigrant to immigrant, which will allow you to stay in the United States with your spouse.
5. Attend Your Immigration Interview
Once you have filed for adjustment of status, you will be required to attend an immigration interview with your spouse. During this interview, you will be asked questions about your marriage and your immigration status. It is important to be honest and provide all necessary documentation to support your case.
6. Await a Decision
After your immigration interview, you will need to wait for a decision from USCIS. If your application is approved, you will be granted legal status in the United States. However, if your application is denied, you may be subject to removal from the country.
FAQs About Getting Married While in Removal Proceedings
Q: Can I get married to a U.S. citizen while in removal proceedings?
A: Yes, you can get married to a U.S. citizen while in removal proceedings. However, it is important to consult with an immigration attorney to ensure that you are taking the necessary steps to adjust your immigration status.
Q: Can I get married to a non-U.S. citizen while in removal proceedings?
A: Yes, you can get married to a non-U.S. citizen while in removal proceedings. However, if your spouse is also in removal proceedings, it may complicate the process of adjusting your immigration status.
Q: Can I get married while in detention?
A: Yes, you can get married while in detention. However, the process may be more complicated and may require additional steps, such as obtaining permission from the detention facility.
Conclusion
Getting married while in removal proceedings is possible, but it requires careful planning and following the necessary steps. Consulting with an experienced immigration attorney is crucial to ensure that you are taking the right steps and increasing your chances of success. With the right guidance and proper documentation, you can successfully adjust your immigration status and stay in the United States with your loved one.