Legal Question in Immigration Law in California

Re: if a mexican citizen is married to a american citizen are they deportable if

It depends on the case. If you came into the U.S. with a visa, and you only recently lost your status, then this should not present too much of a problem, however, you should not wait and take your time to file your case for permanent residence. The whole analysis is qualitative, and not quantitative.

The United Citizenship and Immigration Service ("USCIS") states that if one is "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the U.S. even if they may have done any of the following: (1) worked without permission; (2) remained in the U.S. past the period of lawful admission and filed for adjustment of status while in an unlawful status because of that; (3) failed to maintain lawful status with the proper immigration documentation; or (4) have been admitted as a visitor without a visa (15-day admission under the Guam visa waiver program/90-day admission under the Visa Waiver Program).

However, the USCIS also states that if a person came into the U.S. illegally, that person is barred from adjusting their status to LPR (cannot obtain a green card) even if he or she marries a U.S. citizen or otherwise becomes an immediate relative. An immediate relative must meet the eligibility requirement of being �inspected and admitted or paroled into the United States.�

There are other various, less common reasons for ineligibility to adjust to permanent resident status, such as: (1) You entered the U.S. while you were in transit; (2) You entered the U.S. while you were a crewman; (3) You were not admitted or paroled into the U.S. after being inspected by an Immigration Inspector; (4) You are employed in the U.S. without USCIS authorization or you are no longer legally in the country (does not apply to you if: (a) You are the immediate relative of a U.S. citizen or (b) certain foreign medical graduates, international organization employees and family members; (5) You are a J-1/J-2 exchange visitor who must comply with the two-year foreign residence requirement, and you have not met or been granted a waiver for this requirement; (6) You have A, E, or G status, or have a job that allows you this status; (7) You were admitted to Guam as a visitor under the Guam Visa Waiver Program (does not apply to immediate relatives); (8) You were admitted into the U.S. as a visitor under the Visa Waiver Program (does not apply if you are the immediate relative of a U.S. citizen); (9) You are already a conditional permanent resident; and (10) You were admitted as a K-1 fianc� but did not marry the U.S. citizen who filed the petition for you, or admitted as the K-2 child of a fianc� and your parent did not marry the U.S. citizen who filed the petition for you.

If you have any other questions or concerns, please contact one of our Attorneys at (212) 618-1830.

Re: if a mexican citizen is married to a american citizen are they deportable if

I am not sure what is exactly you are asking. If the mexican citizen has committed a crime, married to a UScitizen...then depending on the crime the non us citizen is deportable but at the same time eligible for 212(h) wiver through his US citizen spouse.