deported married to us citizen

EP7 – Deported And Married To US Citizen, What Are My Options

There is so much hysteria about deportation and families (especially children) being separated and placed in detention centers. So in this episode of the podcast, I talk about happens if you deported and married to us citizen.

Gabe’s Story of Deportation:

  • Gabe is a 40 year old father of 2 from Gambia
  • He arrived in US on tourist visa and overstayed
  • Applied for asylum but immigration judge denied application
  • ICE arrested him in 2011 but Gambia wasn’t issuing travel documents to citizens returning
  • Released by ICE
  • He met is US citizen wife and quickly married
  • He hired a lawyer and worked toward path to citizenship in 2017
  • Lawyer submitted motion to reopen Asylum app but it was denied in Dec 2017
  • Feb 2018, ICE arrested him in his home
  • Sent to a detention center in Tacoma Washington
  • Then transferred to detention center in Texas
  • He was deported on March 9 2018

Legal vs Illegal Entry Into The US

  • Better chance of being approved for GC if entered US legally.
  • Shows good moral character and is forgiven a lot easier than illegal entry.

File Waiver I-601A For Unlawful Presence

Spending time in the U.S. without legal authorization from USCIS can make you inadmissible to adjust your status.
Two different waivers for unlawful presence: the I-601 and I-601A.
  • I-601 waiver – immigrant is living outside the U.S. [download form]
  • I-601A waiver – immigrant still lives inside the U.S. [download form]

What You Need To File I-601A Waiver

  • Form I-601A
    • This is the waiver forms that needs to be filled out and signed.
  • Receipt of payment
    • You must pay the immigrant visa processing fee. Send this to the Department of States (DOS) after your visa petition is approved but before you are scheduled for the consular interview. Place the receipt on top of Form I-601A.
  • Application fee
    • Application fee is $630 for 2018.
  • Biometrics fee
    • If younger than age 79, your required to pay the biometrics (fingerprinting) fee of $85.
  • Proof of approved family-based visa petition
    • Send a copy of form I-797 approval notice from USCIS. Double check that it shows you as the immediate relative of a U.S. citizen.
  • Proof of the U.S. citizen status
    • Your qualifying relative must include proof of citizenship. Include a copy of his or her birth certificate, passport, or naturalization certificate.
  • Proof of relationship to your qualifying relative
    • If U.S. citizen is the spouse, include marriage certificate. If either of you were previously divorced, include divorce or death certificates to prove that the past marriage has ended.
  • Evidence of extreme hardship
    • You  must show that your qualifying relative would suffer extreme hardship if your unlawful presence wasn’t forgiven. If, for example, your U.S. citizen has a medical condition that requires your full-time care, you can provide a doctor’s letter and copies of test results.
    • Extreme hardship can relate to health, educational, financial, personal, and any other relevant considerations.

Learn how to fill out form I-601A waiver.

i601a approval notice

Evidence of Extreme Hardship I-601A

  • One of the trickiest factors to overcome when filing the I-601A waiver is the extreme hardship clause.
  • Extreme hardship only matters if it directly affects your U.S. spouse.
  • You can’t use extreme hardship of your U.S. citizen children.
For example: if you have a 9 year old son that is in the hospital fighting terminal cancer, you can’t use your absence in your sons life as a form of extreme hardship. Instead, you have to show how your waiver denial would cause extreme hardship to your U.S. spouse caring for your sick son.

Best Evidence To Show Extreme Hardship

  • U.S. spouse has severe medical condition that requires your full-time care.
  • U.S. spouse suffers from severe mental health condition that requires your full-time care.
  • Your home country is currently at war and you fear for your life if sent back.
  • Your elderly parents are dying and you need to care for them in the U.S.

What to do if your visa is denied after I-601 waiver is approved.

Can You Be Deported If Married To US Citizen?

  • Having an active deportation order against you is a dangerous situation to be in.
  • Being married to a U.S. citizen doesn’t automatically grant you immigration benefits.
  •  You must still jump thru the same hoops as everyone else applying for legal status in the U.S.

Final Thoughts: Deported And Married To U.S. Citizen

If you and your family are in a similar situation and are facing deportation or already have removal proceedings against you, it’s important to get help right away.

Immigration law is so complicated that I don’t recommend handling your case on your own. Small mistakes can mean long separations from your family members and possibly a permanent bar to entry.

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