Q: I’m married to an American citizen but I’m out of status, if I apply for a C-485 can I still be deported?

A: If married to a US Citizen, you may apply for I-485 (not C-485!) if you have entered the US with a visa other than C1/D (crewman visa). If you've entered without inspection, I-485 Adjustment of Status is not an option.

If you can file an I-485 Adjustment of Status Application as the spouse of a US Citizen, then you should NOT be deported.

A: If you entered the country legally and got married to a United States citizen, then you can file for adjustment of status and not be subject to deportation.

A: While having a pending Form I-485 (Adjustment of Status) application generally provides some protection, it doesn't completely prevent deportation. The receipt notice itself offers limited safeguards, and your status remains technically unauthorized until the application is approved.

However, there's good news - marriage to a U.S. citizen often makes you eligible for protection under section 245(i) of the Immigration and Nationality Act. This means that even if you entered without inspection or fell out of status, you might be able to adjust your status while remaining in the United States. Your marriage creates a strong case for staying in the country during the application process.

Please keep in mind that immigration law is complex and constantly changing. You should connect with an immigration attorney who can review your specific situation in detail. They can help ensure all your paperwork is filed correctly and advise you on the best ways to protect yourself during this process. Many immigration attorneys offer free initial consultations where you can discuss your case and understand your options better.