What Can Happen If You Get Married Only To Gain U.S. Citizenship?

One of the most common ways to gain citizenship in the United States is through marrying an existing citizen. This is not a fool proof method however. If the marriage is proved to be purely for the purpose of one individual gaining citizenship serious repercussion will take place. It is best to make sure you are well aware of the process and the consequences that come with it. Below are the basics of getting U.S. citizenship through a green card marriage, the potentially negative results and reasons why you might want to speak with an attorney specializing in immigration law.

Green Card

A Permanent Resident Card, also known as a Green Card, is granted by the United States government. This Green Card identifies an individual who can now work and live in the United States, on a permanent basis. While a United States passport is one of the greatest forms of identification, a Green Card is equally important for citizens of the United States.

Conditional Green Card

You aren’t automatically granted United States citizenship by marrying a United States citizen. Once the marriage has occurred, in the United States or overseas, you must apply for your Green Card. In your pursuit of citizenship, you will be initially issued a conditional Green Card. These conditions can be removed from your Green Card over time. A conditional Green Card is issued to individuals who marry either a U.S. citizen or a Green Card holder.

Permanent Green Card

According to the Immigration Marriage Fraud Amendments of 1986, individuals gaining U.S. citizenship through marriage are, at first, recognized as conditional immigrants.  At some point during the 90-day time period prior to the second anniversary of when the conditional status was issued, both of the individuals must submit a petition to have the conditional status lifted from the Green Card.

The Immigration and Naturalization Service (INS) will schedule an interview with the couple. This interview is to decide whether or not their marriage is legitimate. If the INS should find that this marriage was purely so one individual could gain U.S. citizenship, he or she will lose his or her conditional green card and possibly be deported. On the other hand, if the permanent Green Card application is approved the individual in question can apply for permanent U.S. citizenship. This also allows the individual the opportunity to get a United States passport.  

While there are some subtle differences, the majority of the states in the U.S. have fairly close requirements for acquiring citizenship. These are prerequisites that have to be fulfilled before the marriage occurs. Once the marriage has taken place, different citizenship procedures are applied to the following groups: foreigners, green card holders and U.S. citizens. To increase one’s chances for attainting citizenship, a foreigner who plans on marrying a Green Card holder or U.S. citizen might want to look into applying for his or her own green card. This will enable the individual to legally gain citizenship in the United States. Foreign couples should also keep in mind that their marriage, if it took place in the United States, may also be recognized back in their home country as well.

Immigration Attorney

While the majority of Green Card marriages are for valid reasons, some are not based on love. They are only for the sake of gaining U.S. citizenship. Some of these people who are accused of marrying only for citizenship are being victimized. If you or someone you know is one of these victims, you or your friend should speak with an immigration attorney. An immigration attorney is qualified to deal with cases involving Green Card marriages and U.S. citizenship. If you speak with a reputable immigration attorney, you’ll see that he or she can help you with your citizenship issues. If you need help finding an immigration attorney, you can turn to many sources for information. You can find an immigration attorney in the phone book. You could search for an immigration attorney online. Your local bar association could help you find a great immigration attorney. Let’s discuss what an immigration attorney can do for you.

Why Hire An Immigration Attorney?

An immigration attorney can help prevent you from being deported for ambiguous reasons. This immigration attorney may also be able to help you prove that your marriage is legitimate. Maybe the immigration attorney could help guide you through the necessary paperwork that you have to fill out. At the very least, an immigration attorney can help inform of your rights. Maybe you aren’t the one who needs help. Perhaps it’s your friend. If that is the case, have him or her speak with an immigration attorney. This immigration attorney may be able to help other family members legally gain citizenship. When it doubt, hire an immigration attorney.