Monday, March 12, 2012
Is there any exception upon which a resident alien married to a us citizen could be deported?
If, by resident alien, you mean a lawful permanent resident, then the answer is yes. Lawful permanent residents qualify for a process called 7 year cancellation of removal. To demonstrate eligibility, you have to show 7 years of unrelinquished domicile after admission in any status, and 5 years as a lawful permanent resident. You also have to demonstrate that you do not have any convictions for an aggravated felony as defined under immigration law. Finally, you have to demonstrate that you deserve cancellation of removal in the judge's exercise of discretion. Additionally, you may qualify for "re-adjustment of status" based on your marriage to the U.S. citizen. This essentially means, you reapply for permanent resident status and start over. Through readjustment of status, you are able to keep your resident alien status.
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