Can a person with a deportation order obtain a green card through marriage?

In some situations, yes. Eligibility depends on the individual’s immigration history, family relationships, and other legal factors. A prior deportation order does not automatically eliminate all immigration options.

Does a same-sex marriage qualify for immigration benefits?

Yes. Same-sex marriages are generally treated the same as opposite-sex marriages under U.S. immigration law, provided the marriage is legally valid and entered into in good faith.

Can a U.S. citizen sponsor a spouse who has immigration problems?

In many cases, a U.S. citizen may petition for a spouse even when immigration complications exist. However, additional legal issues may need to be addressed before permanent residency can be approved.

What if my asylum application was denied?

A denied asylum application does not necessarily prevent a person from pursuing other forms of immigration relief. Each person’s situation should be reviewed individually by an experienced immigration attorney.

Do I need an immigration lawyer for a case involving a deportation order?

Cases involving removal or deportation orders often involve complicated legal and procedural issues. An experienced immigration attorney can evaluate available options and help determine the best strategy for pursuing lawful status.

Can Someone With a Prior Deportation Order Obtain a Marriage-Based Green Card?

Many people facing deportation orders ask whether marriage to a U.S. citizen can help them obtain lawful permanent residence. The answer depends on the specific facts of each case, including: The individual’s immigration history Whether a final order of removal or deportation exists Prior entries and exits from the United States Eligibility for adjustment of status Available waivers or forms of immigration relief Family relationships and other humanitarian factors A prior deportation order does not necessarily mean that obtaining a green card is impossible. However, these cases often require a detailed legal review and a carefully developed immigration strategy.

Residency Petition for Same Sex Marriage and Prior Order of Deportation

Obtaining lawful permanent residence through marriage can be challenging when a person has a prior deportation order. Many individuals believe that a past removal order automatically prevents them from obtaining a green card through a U.S. citizen spouse. However, with the right legal strategy, some individuals may still have a path toward lawful permanent residence.

In this immigration success story, our Boston immigration lawyers helped a client obtain permanent residency through a same-sex marriage petition despite a previous order of deportation. This case demonstrates how careful legal analysis, and experienced representation can help overcome significant immigration obstacles.

The Immigration Challenge

Our client, “Fernando”, contacted out office for help with his same-sex marriage petition case. He had been in a relationship with his US citizen spouse for over 12 years and had sought legal help resolving his case for many years. Fernando had been ordered deported after his claim of asylum was denied many years ago, so he was very reluctant to submit any additional applications to United States Citizenship and Immigration Services (USCIS).

For years, Fernando lived with uncertainty about the future and believed there were few options available to obtain legal immigration status.

How Our Boston Immigration Lawyers Developed a Strategy

When Fernando’s mother, a United States Citizen, became seriously ill and needed her son’s help to attend her medical appointments, Fernando was granted a temporary waiver to enter the US and care for her.

Our Boston immigration and deportation lawyers determined that, since Fernando had obtained a temporary waiver from the Department of Homeland Security to care for his mother, he would be eligible for other immigration benefits such as adjustment of status on the basis of his marriage to his US citizen husband.

After thoroughly reviewing the client’s immigration history, court records, and eligibility for immigration benefits, our legal team identified a potential path forward.

Throughout the process, we carefully evaluated potential risks and legal obstacles while pursuing all available options under U.S. immigration law.

Working closely with Fernando and his spouse, we were able to gather solid supporting documentation to establish the legitimacy of the marriage, address the prior immigration issues, and able to present a compelling case for lawful permanent residency.

The Outcome: Permanent Residency Approved

After extensive preparation and advocacy, Fernando’s adjustment of status application was approved, and now Fernando is a lawful permanent resident of the United States and allowed to live permanently with his husband and mother with greater security and peace of mind.

A significant accomplishment in this case was that we were able to obtain residency for Fernando without having to submit a deportation/removal waiver (I-212) outside the US.

For the couple, the outcome represented not only an important immigration victory but also the opportunity to continue building their future together as a family.

Why This Case Was Unique

This case involved several factors that made it particularly complex, including:

A prior deportation order
A denied asylum application
Same-sex Marriage-based immigration benefits
Complex procedural and legal considerations

Successfully navigating these issues required a thorough understanding of immigration law, removal proceedings, and family-based immigration processes.

Every immigration case is unique, and results depend on the specific facts and legal circumstances involved. However, this case demonstrates that individuals facing significant immigration challenges may still have options available to pursue lawful status.

Speak With a Boston Immigration Lawyer

If you are married to a U.S. citizen and have concerns about a prior deportation order, denied asylum application, removal proceedings, or other immigration complications, experienced legal guidance can make a significant difference.

Our Boston immigration attorneys have extensive experience helping individuals and families navigate complex immigration matters, including marriage-based green cards, deportation defense, waivers, and family-based immigration petitions.

Contact FitzGerald Law Company today at: +(617)303-2600 to schedule a confidential consultation and learn about the immigration options that may be available to you and your family, or fill out our consultation request.

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