Yes. Marriage to a U.S. citizen does not automatically protect you from deportation. It creates a potential pathway to lawful permanent residence through a green card, but it does not by itself grant immigration status, stop removal proceedings, or shield you from enforcement. If you are married to a citizen but have not obtained a green card, are out of status, have a criminal conviction, or entered the country without inspection, you remain subject to removal under federal immigration law.
This is one of the most misunderstood areas of immigration law. Many people believe that marrying a citizen solves all immigration problems. The reality is more nuanced, and in the current enforcement environment, where ICE is arresting an average of 821 people per day, getting the details right is not just a legal exercise. It is a matter of personal safety.
Why Doesn’t Marriage Automatically Prevent Deportation?
Under U.S. immigration law, marriage and immigration status are separate legal tracks. Marriage is governed by state law. Immigration is governed by federal law under the Immigration and Nationality Act (INA). A marriage license from Florida does not confer any immigration benefit. It simply establishes a legal relationship that may qualify you for certain immigration applications.
To obtain a green card through marriage to a U.S. citizen, your spouse must file Form I-130 (Petition for Alien Relative) on your behalf. If you are inside the United States and entered lawfully, you may simultaneously file Form I-485 (Application to Adjust Status) to request a green card without leaving the country. USCIS must then approve both filings, which requires proving that the marriage is genuine, that you are admissible, and that you meet all eligibility requirements.
Until that process is complete and your green card is approved, you do not have lawful permanent resident status based on your marriage. And even after obtaining a green card, certain conduct can still make you deportable.
What Situations Can Lead to Deportation Despite Being Married to a Citizen?
You entered the United States without inspection. If you crossed the border without going through a port of entry (entry without inspection, or EWI), you are generally ineligible to adjust status inside the United States, even if your spouse is a U.S. citizen. In most cases, you would need to leave the country and apply for an immigrant visa through a U.S. consulate abroad. Departing triggers the three-year or ten-year bars on reentry if you have accumulated more than 180 days of unlawful presence. A provisional waiver (Form I-601A) may be available to waive the bars, but it requires proving that your citizen spouse would suffer “extreme hardship” if you were unable to return.
You have a criminal conviction. Even if you have a green card through marriage, criminal convictions can make you deportable under INA Section 237(a)(2). Aggravated felonies, crimes involving moral turpitude, drug offenses, domestic violence convictions, and firearms offenses all carry deportation consequences. In 2026, green card holders with old criminal records are being detained by ICE at airports, check-ins, and during community operations for convictions that previously did not trigger enforcement action.
You overstayed a visa. If you entered on a tourist visa, student visa, or other nonimmigrant visa and stayed beyond the authorized period, you are in violation of your status. Marriage to a citizen may allow you to adjust status if you entered lawfully, but the overstay itself can create complications, particularly if it exceeds 180 days and you need to leave the country to complete consular processing.
You failed to remove conditions on your green card. If you obtained a marriage-based green card and were married for less than two years at the time of approval, you received a conditional green card valid for two years. You and your spouse must file Form I-751 during the 90-day window before the card expires to remove the conditions. If you fail to file, your conditional status terminates automatically, and USCIS will initiate removal proceedings.
You committed marriage fraud. If USCIS determines that the marriage was entered into solely for immigration benefits, both spouses face serious consequences. The noncitizen spouse can be deported and permanently barred from future immigration benefits. The citizen spouse can face criminal prosecution, fines, and up to five years in prison.
You have a prior removal order. If you were ordered deported in the past, whether through a court proceeding or through expedited removal, that order remains on your record. Marrying a citizen does not cancel the prior order. You would generally need to file a motion to reopen the case before you could pursue adjustment of status through your marriage.
What If You Are Already in Removal Proceedings and Get Married?
Marriage to a U.S. citizen during removal proceedings does not automatically stop the case. It can, however, create eligibility for relief. Your citizen spouse can file Form I-130 while your case is pending, and you can apply for adjustment of status before the immigration judge.
The immigration judge will evaluate whether the marriage is genuine with heightened scrutiny, particularly if the marriage occurred after removal proceedings began. You will need to provide substantial evidence that the relationship is real: photographs together, evidence of shared finances, lease agreements, affidavits from friends and family, and any other documentation showing an authentic relationship.
If the judge approves your adjustment of status, the removal case is effectively resolved and you receive your green card. If the judge denies the application, removal proceedings continue.
What Legal Options Exist for Married Couples Facing Deportation?
Adjustment of status. If you entered the U.S. lawfully and your citizen spouse files I-130, you can file I-485 to adjust to permanent resident status. For immediate relatives of citizens (spouses, parents, minor children), there is no visa wait. This is the most common and typically fastest route.
I-601A provisional unlawful presence waiver. If you entered without inspection and need to leave the country for consular processing, this waiver allows you to apply for forgiveness of the three-year or ten-year bars before departing. You must demonstrate that your citizen spouse would suffer extreme hardship, not just normal hardship, if you were unable to return.
Cancellation of removal. If you have been in the U.S. for at least 10 continuous years, have good moral character, and can show that your removal would cause “exceptional and extremely unusual hardship” to a qualifying U.S. citizen or permanent resident family member, you may qualify for cancellation of removal under INA Section 240A(b). This is limited to 4,000 grants per year and can only be obtained through immigration court.
VAWA self-petition. If you have been subjected to battery or extreme cruelty by your U.S. citizen spouse, you can self-petition for a green card under the Violence Against Women Act without your abusive spouse’s knowledge or cooperation. VAWA applies regardless of gender.
I-751 waiver for abuse or divorce. If your marriage ends before you can file the joint I-751, or if your spouse refuses to participate, you can request a waiver of the joint filing requirement based on good-faith marriage that ended in divorce, or based on domestic violence during the marriage. USCIS outlines the specific waiver provisions.
What Should You Do Right Now?
Do not assume your marriage protects you. If you do not have a green card and are not in the process of applying for one, your marriage provides no immigration protection.
File the I-130 and I-485 as soon as you are eligible. If your citizen spouse has not yet filed a petition for you, start now. Every day you wait is a day you remain vulnerable to enforcement action.
Consult an attorney before any USCIS filing. Filing Form I-485 authorizes the government to investigate your entire immigration and criminal history. If there are issues in your background, including prior overstays, false claims to citizenship, prior removal orders, or criminal matters, filing without legal guidance could trigger a Notice to Appear and the start of removal proceedings.
Carry proof of your pending application. If you have filed with USCIS and have a receipt notice, carry it at all times. It may not prevent detention, but it provides evidence that you are in the process of legalizing your status.
If you have a criminal record, get an immigration-specific legal analysis before traveling, filing any application, or attending any USCIS appointment.
How Ilabaca Law Helps Married Couples Navigate Immigration
Whether you are filing a marriage-based green card for the first time, need to remove conditions on a conditional card, are facing removal proceedings while married to a citizen, or need a VAWA self-petition because of spousal abuse, Ilabaca Law provides experienced legal guidance.
Attorney Denisse Ilabaca handles marriage-based immigration cases from our Longwood office, serving families in Orlando, Kissimmee, Tampa, Miami, and across Central Florida. We evaluate every case for potential complications before filing, and we represent clients in immigration court when removal defense is needed.
Call (407) 917-2087 or schedule a consultation to discuss your specific situation.