Quote:
Originally Posted by jman220
I admit I know very little about immigration law, but how is it that people married to American citizens are under threat of deportation? I thought that marriage to an a citizen, if not a path to outright citizenship itself would at least get you lawful permanent resident status.
It all depends on your status independent of the marriage. If you're an illegal alien and you're married to a citizen you're still 100% eligible for deportation. You have to apply for a path to citizenship. The default position is deportation but you can apply for them to look at your situation and if they determine that deporting your spouse would be a hardship on you and therefore it's in the citizen's best interest that the illegal immigrant stays. Then they can put them on a path towards citizenship. It's all tentative though and there's no guarantee of anything.
It leads to odd situations where a marriage between two doctors had to move to Canada because the wife was deported because they determined that two doctors living in Canada wouldn't be a hardship, but another couple of low skill workers who had one partner have diabetes or some other medical condition getting citizenship. It's also a make or break situation where people have to determine if they want to roll the dice where they might get deported or remain in the shadows because if you apply for for the hardship waiver and don't get it you get the boot.
Last edited by Huehuecoyotl; 04-06-2017 at 12:00 PM.