My Spouse Is Threatening Me With Deportation, Can They Legally Have Me Deported?
Deportation is the formal removal of an immigrant from the United States when they have been found removable for violating specific immigration laws.
Deportation can only be ordered by an immigration judge under certain conditions. If your spouse is threatening you with deportation, rest assured that it is not that easy.
There are processes that the USCIS will go through to determine whether you have broken any immigration laws and you will be able to defend yourself in front of an immigration judge.
Legal Reasons That A U.S. Immigrant Can Be Deported
If you are in the U.S. as a nonimmigrant (most likely with a visa such as a K-1), some conditions apply to your stay. For example, if you’re a tourist, you’re not allowed to work. If you have a K-1 visa you must marry your U.S. citizen spouse within 90 days. If you do not abide by these conditions and maintain your nonimmigrant status, you may be legally deported.
Failure to Notify the USCIS of a Change of Address
Yes, this is absolutely true! It may sound harsh, but it’s a crime for immigrants not to immediately notify the USCIS of their changes of address. You have only got ten days to submit your address change! Use the “Online Change of Address” form on the USCIS website.
Commission of a Crime
- Crimes of moral turpitude (definition of moral turpitude)
- Any immigrant who is convicted of a crime involving moral turpitude committed within five years (or 10 yearsif you obtained lawful permanent resident status) after the date of admission, and is convicted of a crime for which a sentence of one year or longer may be imposed, is eligible for deportation.
- Multiple criminal convictions
- Any immigrant who at any time after admission is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of whether the convictions were in a single trial, can be deported.
- Domestic violence, stalking, and child abuse
- Any immigrant who at any time after admission is convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment can be deported.
- Aggravated felony
- Any immigrant who is convicted of an aggravated felony at any time after admission is deportable.
- High speed flight
- Any immigrant who is convicted of a violation relating to high speed flight from an immigration checkpoint is deportable.
There are many other crimes that could get you deported, such as, drug trafficking, terrorist activities and falsely claiming U.S. citizenship.
Can My Spouse Call ICE On Me And Have Me Deported?
As you can see from the above list of valid reasons for deportation, you would need to commit a crime or violate the terms of you legal status to be eligible.
Many U.S. citizens that sponsor a foreign wife or husband think that if they change their mind, they can just get rid of their spouse. This is not the case, and you will be held responsible for them financially based on the Affidavit of Support that you signed.
In some cases, threats of deportation are considered domestic violence if you have documentation of other forms of abuse that you have suffered. Contact your local police department if you feel threaten or abused by your U.S. citizen spouse.
It is in your interest to leave the residence and stay with friends or family in the area for your safety.
Learn how to file for VAWA if you have been abused. This allows you to self-petition without your spouse’s knowledge.
My Immigrant Spouse Committed Immigration Fraud
The USCIS takes immigration fraud very seriously. If you have documented proof that your spouse committed immigration fraud, you can request an info pass with the USCIS to provide this evidence for investigation.
Unfortunately, many immigrants that commit immigration fraud understand the system and will probably file false charges of domestic violence against you.
Protect yourself from a VAWA investigation by leaving the residence before these charges are made against you.
Do not stay in contact with your spouse or agree to meet them. Once you decide that the marriage is over, file for divorce as soon as you can.
This will be a difficult situation for you and it will only get more difficult if you allow your spouse to gather false evidence of domestic violence.