I have been in the U.S for almost seven years now. I got into deportation proceedings 10 months after getting here for failing to comply with the F1 visa. I also applied for asylum which I have been following till now that it’s been dismissed. My question is, can I still marry legally here? I have decided to continue with my life and have met the love of my life but I am a little concerned that I won't be with her if I decide to take things to the courts again. I have never had a brush with the law except for that immigration case and perhaps a few speeding tickets.
Yes, you can. However, you must show that your marriage is not fraudulent and it's your burden to overcome the presumption.
It is likely that you can adjust through marriage to a citizen.
Yes, you can marry and she can file for you to adjust status. However, if you have an outstanding deportation order, you will have to seek to reopen and adjust thru the Immigration Court. You will need to retain an immigration attorney.
You need to sit down with a competent immigration attorney who specializes in removal to review your case. As a general matter, a person in removal can still apply for a green card in court via a valid marriage to a USC. But again, talk with your lawyer about this first.
If your immigration court case is finished, then marriage after the fact will not make you eligible to remain. Usually, you have 90 days after a final decision in order to file a motion to reopen. You really should consult with an immigration lawyer.
Unfortunately, I cannot answer your question without more information. You can legally marry in the United States so long as your marriage is valid in the state where it is done. However, if you are seeking to derive immigration benefits from your marriage this is a more difficult question to answer. We would need to know more about your prior immigration status. If you were ordered deported, you will need to reopen your case in order to seek adjustment of status in the United States. This is really a matter that should be discussed in person with an experienced attorney.
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