Miami, FL asked in Immigration Law for Florida

Q: I have a deport but now I am married with USA citizen, can I get legalized or I have no more chances

Hello, I was in asylum for a long period of time and unfortunately it was a negative response, BIA dismisss it so practically I have a deportation order. That was in 2019. Not I am marrried since 2023 with American citizen , can I adjust my status yet?

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3 Lawyer Answers

A: You can still file an adjustment of status case based on your marriage to a US Citizen, but you would need to get permission from the judge in the ongoing court removal action. Discuss with an immigration attorney for more specific advice.

A: Consult with a competent and experienced immigration attorney. A basic eligibility requirement for adjustment of status is that you were originally inspected and admitted OR paroled. If you entered without inspection, were placed in removal proceedings and now have an unexecuted order of removal, then getting your removal case reopened would not necessarily enable you to seek adjustment of status through a marriage based case if you could not show that you were originally inspected and admitted OR paroled. If you were inspected and admitted (e.g., on a visitor visa or some other kind of visa), then pursuing a reopening of your removal case might be worthwhile so that you could pursue adjustment of status. Even if, however, you are not eligible for adjustment of status because you were not originally inspected and admitted OR paroled or because you are unsuccessful at getting your removal case reopened, you might be eligible to apply for waivers of your removal order and unlawful presence in order to pursue a consular processing based immigrant visa. It is very important that you speak with a competent and experienced immigration attorney who can evaluate all possible grounds of inadmissibility so that you do not waste time and money if, for example, the "lifetime bar" ground of inadmissibility exists in your case. (This particular ground of inadmissibility concerns unlawful entries to the United States after having been unlawfully present already in the U.S. for a year or more, or unlawful entry after having already been ordered removed. If you had only 1 entry to the United States in your lifetime and you never departed, this ground should not apply.) Again, consult with a competent immigration attorney.

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Answered

A: Marrying a U.S. citizen can provide a pathway to adjust your status, even if you have a deportation order, but it's complex and involves several steps. Given your deportation order and the denial of your asylum application, your situation is more complicated than standard adjustment of status cases. Normally, marriage to a U.S. citizen is a strong basis for applying for a green card, but the deportation order creates an additional hurdle that must be addressed.

First, you may need to file a form I-130 (Petition for Alien Relative) to establish the marital relationship with your U.S. citizen spouse. Following that, you'll likely need to file a form I-212 (Application for Permission to Reapply for Admission into the United States After Deportation or Removal) to ask for permission to apply for re-entry after deportation. This is crucial because the deportation order makes you inadmissible to the U.S. for a certain period, usually 5, 10, or 20 years, depending on the specifics of your case.

Given the complexity of immigration law and the potential for complications in cases involving previous deportation orders, it's highly recommended that you seek guidance from a legal professional experienced in immigration law. They can provide personalized advice based on the specifics of your situation, including any recent changes in immigration policy that might affect your case. Navigating the legal system with professional assistance can significantly increase your chances of achieving a positive outcome.

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