People who obtain green cards through marriage to a United States citizen are subject to the same rules as other green card holders. While marriage may offer a path to citizenship, it’s important to remember that a green card does not guarantee protection from deportation.
As a green card holder, it’s important to understand your rights and responsibilities. If you break certain laws or fail to file your paperwork on time, you can still be deported, even if you have a marriage green card.
Read our blog to learn how someone with a marriage card can get deported. We’ve explained what actions could affect your green card marriage status.
So, How Can Someone with a Marriage Green Card Get Deported?
Can Divorce Result In Deportation?
The answer to this depends on your status at the time of the divorce. In many cases, divorce is not a reason for someone with a marriage green card to get deported. Much of this will depend on how long you have had your marriage green card. If you’ve been married for less than two years, your marriage green card will still be conditional. However, it doesn’t necessarily mean that you will get deported.
Remember that getting a divorce while you have a marriage green card will automatically trigger an investigation from USCIS. You’ll need to prepare substantial documentation and other evidence that proves you were in a bona fide marriage.
Marriage Fraud
USCIS requires that all marriages between a U.S. citizen and a foreign national are legitimate. Any U.S. citizen or foreign national who marries for any purpose related to obtaining an immigration benefit is guilty of fraud and subject to fines. You and your spouse may be prosecuted and sentenced to up to five years imprisonment.
If you divorce before the conditions are removed on your marriage green card or USCIS gets a tip that you are not in a bona fide marriage, you may be required to provide proof of the legitimacy of your marriage.
You may need to prove that you and your spouse not only lived together but also engaged in the kinds of activities that most married couples do. USCIS highly scrutinizes green card marriages, so you must be able to prove that your marriage was legitimate in every way and that you did not marry for immigration benefits.
Because the burden of proof is on the marriage green card holder and their spouse, saving all records and receipts pertaining to your life together should be a priority. Some of the types of proof that USCIS will accept are:
- Proof that you lived together in the form of leases, mortgages, asset deeds, property tax statements, income tax records, and major loans. These must have both of your names and signatures on them. Additional documentation can include titles to any jointly owned vehicles or other assets, driver’s licenses, and letters from family members, friends, neighbors, and employers.
- Documents showing proof of your combined finances, including bank statements, credit card statements from joint accounts, investment accounts, and insurance policies that list the other party as a beneficiary. These must have both of your names and your address on them to show that the accounts were jointly held.
- If you have children together, include all birth certificates, adoption papers, school records, and medical records that show both of your names as parents.
- Adding photos of you attending parties and other social engagements, vacation photos, receipts or itineraries, and receipts for gifts you’ve purchased for each other with your documentation can help bolster your case and keep you from being deported.
If you were widowed before applying for a marriage-based green card, or if your adjustment of status application was already in progress when your spouse passed away, your application will still be processed.
Not Removing Conditions from Your Marriage Green Card
Some marriage green cards have conditions attached to it and is good for two years from the date of issuance. 90 days before your marriage green card expires, you must file the Form I-751, Petition to Remove Conditions on Residence. Not doing so could result in you being deported from the United Status.
Dependency on the State or Federal Government
Being excessively dependent on public assistance is another way you can lose your immigration status and be deported, even if you have a marriage green card. This is called the “public charge rule” and is usually reserved for individuals in extreme circumstances who need government assistance. If you rely completely on cash assistance and long-term care of institutionalism, you may be at risk and should speak with one of the attorneys at Warren Law Firm.
Being Convicted of a Crime
Being convicted of a criminal offense can lead to deportation, even if you hold a marriage-based green card. While minor infractions like traffic violations or parking tickets typically don’t result in deportation, more serious crimes can have severe consequences. Offenses such as drug-related charges, assault, robbery, theft, rape, or murder are considered deportable crimes and could result in the loss of your legal status in the United States. It’s important to understand the gravity of these offenses and their potential impact on your immigration status.
Working Without Employment Authorization
Marriage green card holders who perform any type of paid work without proper authorization can get deported. If you plan to work in the U.S., you must apply for an Employment Authorization Document (EAD) that permits you to work.
Failing to Maintain U.S. Residency
Those who fail to maintain continuous U.S. residency can be deported or denied re-entry to the United States. You need a re-entry permit if you wish to travel outside the United States for an extended period of time.
Do You Need an Immigration Lawyer for a Marriage Green Card?
Most immigration-related USCIS forms can be filed online or by regular postal mail by the petitioner, but the process can be confusing. If you have questions about how someone with a marriage green card can get deported, schedule a consultation with one of our experienced attorneys.