Would marrying and starting my immigration process keep me from getting deported? 4 Answers as of May 04, 2011

I am an undocumented immigrant that entered legally almost 9 years ago. I will be getting married with my fiancee who is a resident, able to apply for citizenship in November this year. I have some traffic court issues (driving without license) and I am afraid that if given any jail time I will be deported. If I marry and start my immigration process before going to court, would that help in any way? Is there a way to modify the claim made by my husband after he becomes citizen to speed up the process? I would appreciate an answer. Thank you.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
Yes it would. It is likely that ICE will not move to remove you if you have a LPR application pending and you are not an aggravated felon. Your new husband will be able to start your application process as a LPR and once he receives his citizenship, your petition will be automatically upgraded to spouse of a USC and you will become an "immediate relative" able to get a green card right away. So, get started and good luck!
Answer Applies to: California
Replied: 5/4/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
If you entered the US legally, then your wife can apply for a green card for you. She can apply for the first step now and then upgrade when she is a US citizen to include the actual green card application. However this does pose the risk that DHS will issue a notice to appear in court, because you will not have the green card application filed with it. So I see why you want to wait to file until she is a USC. In terms of when you marry, you should do that whenever you are ready. Being married does not mean you can't be deported. It is the filing of the green card application which provides a measure of protection. You MUST consult with a competent criminal defense attorney who understands the complex issues of how these cases impact immigration options. I don't know what kind of case you have so it should be fully analyzed to see if it places you at risk and then your attorney can attempt to plead your case in a way that will minimize that risk.
Answer Applies to: California
Replied: 5/4/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Short answer is yes it will help to get married and file the I-130 with supporting documentation especially if you do not currently have an ICE hold. Once your fianc becomes a citizen the case be upgraded to immediate relative and you can then file the remaining paperwork to get a work card and your green card (permanent residency). If we can assist with the process, feel free to contact me as indicated below and set up a time to talk.
Answer Applies to: California
Replied: 5/3/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
A citizen does not have any rights beyond the law. If you are to be put in deportation process, you may have some defense due to your marriage with a citizen. However, it depends on your circumstances. Talk to a lawyer about your facts to find out what options you have. You are welcome to contact us.
Answer Applies to: Florida
Replied: 5/3/2011
Click to View More Answers: