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baby04 · #1 01-09-2008, 02:37 PM

Will getting married to my boyfriend in jail help him from being deported. We have two kids and I've heard that if I'm a US Citizen that he could stay.

lowrider · #2 01-09-2008, 02:48 PM

Quote:

Originally Posted by baby04

Will getting married to my boyfriend in jail help him from being deported. We have two kids and I've heard that if I'm a US Citizen that he could stay.

yes but its not that easy it can take years for him to get his papers they may deny it completley you can go on the internet and look at websites about marriage and immagration

LongHaul · #3 01-09-2008, 02:51 PM

I disagree.... a quickie wedding in jail is sure to be of no consequence to a deportation proceeding already underway.

In other words - if they already have an INS hold on him its too late for a wedding...

sanchezct · #4 01-09-2008, 02:55 PM

ok i am confused now i thought they don't really care about marriage anyways. I am married to my husband at least 9 years before he went in. He is a legal Residence but now has a hold.
This is probably not the place to bud in to this thread but we were on the topic...how can our marriage and kids prevent him from being deported.

liroje · #5 01-09-2008, 04:27 PM

I'm no attorney but depending on the charges don't they automatically loose their "Immigration priviledges" when they get convicted? At least that was my understanding, hence the deportation.

I agree with Sanchezct, INS don't care if you're married, unless your husband was born in the U.S. he will get deported. Sorry!

MDawg · #6 01-09-2008, 10:56 PM

Getting married and trying to adjust status can help IF the reason for removal is either ONLY illegal status, or if the crime committed is eligible for discretionary relief and adjusting status might make the person eligible for certain relief.

Often it becomes a race against time though, to adjust status before removal.

evl19 · #7 01-13-2008, 08:33 PM

mdawg-question for you. if he has an immigration hold because he was convicted of possession with intent to deliver and had originally a weapons enhancement-which was dropped after his appeal-what happens next? the coa dismissed the weapons enhancement, taking off 3 years. now they say he will go back to county to be resentenced. will immigration come and pick him up then?

Joeys Baby · #8 01-13-2008, 08:35 PM

can u even get married in jail i thought u any could in prison

MDawg · #9 01-14-2008, 02:44 PM

evl post in a new thread please.

Marriage in jail - the issue is not whether you can get married but whether immigration will view it as a bona fide and not sham marriage.

kimberlydyer · #10 01-14-2008, 02:54 PM

If your boyfriend is already in deportation proceedings, most likely getting married will not save him. Even if you have a child with him, that is not enough to protect him from deportation.

Citizenship through marriage only works a few ways... First, if your boyfriend was in Mexico, you could apply for a Fiancee visa, and he would be allowed to come here and live with you until you get married (I believe they give you 6 months or so to do it). Once married, you could sponsor your husband and apply for him to become a citizen... this in itself is quite a process.

Sometimes even if a person has already entered the country illegally and gets married, they can still get deported (again, even if they have children born here... sad, I know). The basis for this is that the marriage (and children too) is something that was obtained by this person after they had already committed the illegal act of entering the US without permission. Because they got married after they had already broken the law, marriage (or family) does not prevent a person from being deported.

The main thing that could save your boyfriend is whether or not he has a criminal record, family, ties to the community, etc. Unfortunately, it is uncommon, but I have found a few cases where a person was granted citizenship (or residency) even though they entered illegally as long as the court could find that the positive aspects of them being here outweigh the negatives (ie. they have a wife, family, long-term work, ties to the community and no criminal offenses). Again, though, even this is a long shot.

If he does get deported, you can always either appeal it, or wait a little while and file for "Permission for Re-Entry"... it couldn't hurt.

kimberlydyer · #11 01-14-2008, 02:58 PM

EVL19:

Is this person here illegally? Or do they have residency? If they are here legally and have only been convicted of a misdemeanor drug offense, they should have no problems... they are only eligible for deportation when they either have more than one drug-related or violent offense or if the offense was a felony. One misdemeanor will not make a person deportable.

MDawg · #12 01-14-2008, 08:46 PM

Marriage and the proper application can lead to adjustment of status to a legal status of anyone who is eligible, whether in removal proceedings or not. Eligibility does depend on criminal record. One cannot naturalize while in removal proceedings, but can adjust status.

Fumbuzzled · #13 01-18-2008, 08:18 PM

Marriage doesn't have a thing to do with deportation. They deported my husband anyway and he's lived in the US since he was one year old and I was born here.

evl19 · #14 01-21-2008, 12:29 AM

kimberlydyer- he has permanent resident status. his conviction is possession with intent to deliver cocaine. the court of appeals dropped his weapons enhancement charges, so they stated that 3 years will be removed and he will return to county for resentence. he should be out at least this year, if not by next year. he said someone from ins came to see him and had him sign a paper stating that he was served the papers and that if he wanted to see a judge before he gets deported he had to sign it otherwise they will automatically deport him.

Voice of Reason · #15 01-21-2008, 08:40 AM

Let's just put this rumor the to bed finally. A US citizen who legally marries a non US resident or citizen will not make that individual a US citizen!

BudBun · #16 01-21-2008, 10:20 AM

Quote:

Originally Posted by baby04

Will getting married to my boyfriend in jail help him from being deported. We have two kids and I've heard that if I'm a US Citizen that he could stay.

No, not really. I am speaking from experience. I married my husband back in 99 and he got deported back in 2006 so it dosen't really matter. It may help in him later if he goes through all of the immigration paperwork but it won't help him stay. We even have 2 children together and it didn't help. If you want to know more, please don't hesitate to ask. Bless!!

Nicole

MDawg · #17 01-21-2008, 02:47 PM

Of course a bona fide marriage can help, but simply getting married does nothing. You must also file and stay on top of the paperwork to adjust status.

Sometimes, also, status is not adjusted in time to avoid removal.

Also, unless status is adjusted to citizen, criminal convictions can result in removal whether in legal status or not.

ag92822 · #18 01-24-2008, 04:29 PM

Im so confused when I hear people mention adjusting status.Its not possible for an illegal who entered illegally to adjust status right?Sorry if that sounds stupid...Im really confused on this lol

MDawg · #19 01-28-2008, 12:28 PM

Anyone can adjust status through marriage if otherwise eligible. You are not alone in being confused and should do this through an attorney.

jomomma419 · #20 01-28-2008, 09:47 PM

I married my husband after he went to jail in an attempt to keep him from deportation (we have kids). After filing paperwork with INS, I found out that in their eyes I can't petition as his wife because both parties have to be present at the ceremony(I did proxy) and it has to have been consumated. So basically for INS purposes we aren't even married. If you look on the immigration forms on INS website, it will confirm this.

MDawg · #21 01-29-2008, 12:46 AM

In general DHS has always viewed marriages with inmates as shams. But the two factors you mention can be overcome, as prisons of course allow marriages inside their facilities, and many prisons still allow inmates conjugal visits.

evl19 · #22 02-11-2008, 10:11 PM

when you say adjust status, are you talking about adjusting status before they are convicted or can they still adjust status when already been convicted, but not yet have gone through immigration?

MDawg · #23 02-11-2008, 11:33 PM

You cannot adjust status to citizen while in removal proceedings. Also, only DHS can adjust status to that of citizen - the immigration judge cannot do this.

However, while in removal proceedings you can adjust status to a legal status of some kind, such as nonimmigrant or immigrant. This can be done through the court system, but is best done with the help of an attorney.

Convictions - some foreclose the possibility of adjusting status forever, some are temporary bans to adjustment, and some have no effect at all. Sorting out what affects what is again where you will need an attorney.

2YEARS08 · #24 02-13-2008, 02:31 PM

I am not a US citizen and I am here legally going through the process of adjusting my status-it is very expensive and time consuming. It is going on eight months and over $2000 in application fees. It will not be over for a long time and there is no guarantee that they will adjust your status even after all of that. The INS is not a kind group of fellows. They could care less if you are married, in love, have children etc. They look at the facts and the facts alone.

I do not think they'd ever consider adjusting the status of an individual that was incarcerated. Being incarcerated would be an instant reason for them to deny your application.

Being married to a US citizen alone gives you no right to be in this country. Marriage will not help your boyfriend from being deported.

MDawg · #25 02-14-2008, 01:43 PM

Please don't post things that are based on what you think, only on what you know.

Being incarcerated in and of itself means nothing with reference to immigration applications. What matters is what kind of conviction, if there was a conviction, and the length of sentence in some situations. Also what matters is what immigration status the person had when convicted.

And a bona fide marriage, coupled with the applications to adjust status or become a citizen, can very much affect whether or not a person gets to stay here.