As immigration policies continue to be a hot topic in the United States, many undocumented immigrants are seeking ways to obtain legal status. One common method is through marriage to a U.S. citizen or permanent resident. However, while this may seem like a straightforward solution, there are important deportation consequences that both parties need to be aware of. In this article, we will discuss the potential risks associated with marrying an undocumented immigrant and what you need to know to protect yourself and your loved ones. 
Legal Implications of Marrying an Undocumented Person in the United States
Marriage is a sacred union between two people who love each other. However, marrying an undocumented person can have serious legal implications in the United States.
Immigration Issues
When an undocumented person marries a U.S. citizen, it does not automatically grant them legal status. The undocumented person must still go through the immigration process to obtain legal residency. This process can be complicated and time-consuming, and there is no guarantee that the person will receive legal status.
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Risks for the U.S. Citizen
Marriage to an undocumented person can also put the U.S. citizen at risk. If the undocumented person is caught by immigration authorities, they could face deportation. Additionally, if the U.S. citizen is found to have knowingly married an undocumented person, they could face criminal charges.
Financial Responsibilities
When a U.S. citizen marries an undocumented person, they become financially responsible for their spouse. This means that the U.S. citizen may have to support their spouse financially, which can be a significant burden.
Conclusion
Marriage to an undocumented person can have serious legal implications. It is important to consult with an experienced immigration lawyer before getting married to ensure that both parties are aware of the risks and understand the legal process.
Example
- John, a U.S. citizen, married Maria, an undocumented person. They thought that by getting married, Maria would automatically become a legal resident. However, they soon realized that the process was much more complicated than they thought.
- After consulting with an immigration lawyer, John and Maria decided to go through the legal process to obtain residency for Maria. It was a long and difficult process, but they were eventually successful.
- John also had to take on additional financial responsibilities, as he was now responsible for supporting Maria. However, he was happy to do so because he loved her and wanted to be with her.
Deportation Risks for US Citizens Marrying Undocumented Immigrants
Legal Consequences of Marrying an Undocumented Immigrant in the United States
If you are a U.S. citizen or a lawful permanent resident, you can marry an undocumented immigrant, but it does not automatically grant them legal status or a path to citizenship. There are legal consequences to consider before tying the knot with an undocumented immigrant.
1. Immigration Status
Marrying an undocumented immigrant does not automatically change their immigration status. In fact, it could trigger consequences if the undocumented immigrant entered the country illegally or overstayed their visa. Depending on the situation, they may need to return to their home country and apply for a visa from there, which could take years and come with a risk of a 10-year bar from re-entering the U.S.
2. Eligibility for Benefits
Undocumented immigrants are not eligible for most federal and state benefits, such as Social Security, Medicaid, and food stamps. If you are a U.S. citizen or a lawful permanent resident, your marriage to an undocumented immigrant does not change their eligibility for benefits.
3. Sponsorship
If you marry an undocumented immigrant, you may be able to sponsor them for a green card, but the process can be complicated and lengthy. You will need to prove that you have a bona fide marriage and that your spouse is not inadmissible for any reason, such as criminal convictions or health issues.
4. Risks
Marrying an undocumented immigrant comes with risks. If your spouse is deported, you may face emotional and financial hardships. You could also face legal consequences if you are found to have committed marriage fraud, such as marrying solely for immigration purposes.
5. Consult an Attorney
If you are considering marrying an undocumented immigrant, it is crucial to consult an experienced immigration attorney. They can help you understand the legal consequences and risks and guide you through the sponsorship process.
Example:
John, a U.S. citizen, falls in love with Maria, an undocumented immigrant. They decide to get married, hoping it will help Maria obtain legal status. However, they soon learn that marrying an undocumented immigrant does not automatically change their immigration status. Maria entered the country illegally, and they need to consult an attorney to explore their options and potential consequences.
- Immigration Status: Marrying an undocumented immigrant does not automatically change their immigration status.
- Eligibility for Benefits: Undocumented immigrants are not eligible for most federal and state benefits.
- Sponsorship: Marrying an undocumented immigrant may allow you to sponsor them for a green card, but the process can be complicated and lengthy.
- Risks: Marrying an undocumented immigrant comes with risks, such as facing emotional and financial hardships if your spouse is deported.
- Consult an Attorney: It is crucial to consult an experienced immigration attorney before marrying an undocumented immigrant.
Immigration Law: Understanding the Risks of Deportation for Married Couples.
Marriage to a US citizen or lawful permanent resident can be a pathway to legal status for immigrants in the US. However, there are risks of deportation that married couples should be aware of.
What is deportation?
Deportation is the legal process of removing a non-citizen from the US. If someone is deported, they are barred from entering the US again for a certain period of time.
Why are married couples at risk of deportation?
Married couples may be at risk of deportation if the non-citizen spouse is undocumented or has violated immigration laws. If the non-citizen spouse entered the US illegally, they may face deportation if they are discovered by immigration officials.
Additionally, if the non-citizen spouse has committed a crime, they may be subject to deportation. Even minor offenses, such as traffic violations, can lead to deportation if they are considered a violation of immigration laws.
How can married couples avoid deportation?
Married couples can avoid deportation by applying for legal status through the Adjustment of Status process. This process allows immigrants who are married to US citizens or lawful permanent residents to adjust their status to become a lawful permanent resident themselves.
If the non-citizen spouse is already in removal proceedings, they may be able to avoid deportation by applying for Waivers of Inadmissibility. These waivers allow non-citizens to remain in the US despite their past immigration violations.
Conclusion
Marriage to a US citizen or lawful permanent resident can be a path to legal status for non-citizens in the US. However, there are risks of deportation that married couples should be aware of. By understanding the risks and taking steps to avoid deportation, married couples can work towards building a life together in the US.
Example of a case:
For example, if John, an undocumented immigrant, marries Mary, a US citizen, he may be able to apply for Adjustment of Status and become a lawful permanent resident. However, if John has a criminal history, he may face deportation even if he is married to a US citizen.
Data:
- In 2019, over 260,000 non-citizens were deported from the US.
- Between 2007 and 2017, over 800,000 non-citizens were deported for criminal offenses.
- The top 5 countries of origin for deported non-citizens in 2019 were Mexico, Guatemala, Honduras, El Salvador, and China.