As President Donald Trump’s mass deportation plan creates uncertainty amid immigration delays and policy shifts, many foreign nationals in the US are exploring all possible avenues to secure their legal status. Among the options available, one question arises: Can marrying your American girlfriend or boyfriend protect you from deportation?
While marriage to a citizen can be a path to legal residency, experts caution that it should not be pursued solely as a means to avoid deportation. Legal experts weigh in on this issue, addressing concerns related to visa delays, processing backlogs, and the challenges faced by dependent visa holders aging out of their status.
So, is marrying your girlfriend/boyfriend with a green card an option?
Question 1: Indian children with expiring dependent visas are worried they will no longer be able to stay legally in the US. They are on H4 visas. They are about to turn 21. They fear they will have to self-deport to India or stay as ‘outsiders’ in a country where they have grown up. What legal options do they have?
Answer:
Rekha Sharma-Crawford: H-4 visas are non-immigrant visas and children can look to change their status to another non-immigrant visa such as an F-1. This is particularly true if the children wish to continue their education and are currently enrolled in university. Absent a change of status, there may not be a way for them to remain in the US once their H-4 status is no longer viable.
Alen Taksh: In addition to non-immigrant visas, if you happen to be in a committed, long-term relationship with a US citizen (which you may be too young to be), then you may consider fast-forwarding your future plans to marry. Of course, you should not marry solely for purposes of normalising your status. That goes without saying! It is just one more option to consider. The F-1 route, as previously noted by my colleague, may be the best course of action under the circumstances.
Full video:
Question 2
I am an EB-5 applicant. My EB-5 was approved by the USCIS last February (2024). Case was transferred to the National Visa Center (NVC) in October. I successfully submitted my DS 260 in November. Documents were physically mailed as even after 2 months of electronic submission of DS 260, no intimation about document submission was received.
The official website of NVC time frame shows the current review of documents date which is well past the date on which USPS had successfully delivered our documents at the given NVC office address.
Answer:
Rekha Sharma-Crawford: It is difficult to answer case-specific questions as the law often requires a review of the facts. It is true, however, that all immigration systems are currently undergoing delays after the change in administration. There is, however, a public inquiry form that can be found on travel.state.gov where you may make a specific inquiry to your case.
Alen Taksh: Please note that the current administration has laid off USCIS officers and fired immigration judges, and consular officers have not been spared either. US embassies and consulates may also be consolidated into regional officers. The hope is that none of the current administration’s actions will affect the processing of your case, but they may. Kindly note that delays are part and parcel of the immigration process, especially now (not to mention future bans that this administration may or may not impose on certain countries moving forward).
