Deportation – a difficult situation to deal with
Deportation is an act of removing someone who has no legal right to be there or who has broken any law of that country where he/she is staying. The reason could be any but for a person who is in this situation, it becomes very difficult to prove himself/herself. If, by any chance your spouse gets into this situation then you will not let any stone unturned to take him out of this precarious situation. But the question here is that how you can get your spouse back into US after deportation? It is not an easy process to get him/her back but not impossible as well.
Immigration laws are very difficult and complex. An individual has to follow them and in case of any misunderstanding, he might land up inviting trouble for himself in the way of being deported. Legal professionals who take care of these cases are highly skilled and expert in their respective fields. Hence consulting a good lawyer becomes indispensable in such a scenario.
How to avoid deportation?
What one can do to avoid deportation? Is marriage a solution for this? Answer is “YES” and “NO” both. Firstly, if you get married in this situation i.e. when the deportation proceedings are already under process then you have to prove by clear and convincing evidences that it is not a fraud marriage initiated just to save you from deportation.
Many people easily get green card through marriage only. But, while you are facing deportation and you have proved that the marriage was under way since much before the deportation proceedings then the process to get a green card is totally different. Once you have proven that your marriage is a good faith marriage then you need to file an I-485 visa petition but only after the USCIS approves your I-130 visa petition.
What follows next?
Marrying a foreigner to avoid deportation from US may seem a very simple method, but in reality it is not. If caught, you could be fined upto $250,000 besides imprisonment
This might seem to be a simple way out for you from getting deported but it is actually not that simple. Your case still remains under scrutiny and even after the above processing, if at any time, it comes to the notice of the respective authorities that the marriage was fake then you will end up being charged with severe charges of a fraud marriage.
If you are found guilty then there are chances of heavy penalties of upto $250,000 and five years imprisonment. In such cases, make sure to hire an experienced attorney to handle the situation since the USCIS does not take the fraud marriages lightly. Your attorney will help you sail through all the legal procedures and complications however you might have to bear heavy fees.