Decisions concerning deportation are made by the USCIS as it pertains to immigration laws and guidelines. Even so, the person is allowed to appeal deportation through due process, regardless of the fact they do not have citizenship status. It is not an action that can be requested or imposed by an individual including a spouse.
First, When the INS catches the illegal alien, they WILL be deported. After paying a $1,000 fine, and waiting 3 to 5 years, the alien may then apply for a marriage visa, a green card, and citizenship in the US at the Embassy in his native Country. If the US Embassy determines that the alien had made illegal entry into the US "for the sole purpose of marrying to obtain citizenship" the applications will be refused. Also note that in the US most states now require proof of citizenship when applying for a marriage license.
It depends on why a person gets deported and how many times they were deported. An Aggravated Felon can never return to the U.S. An illegal alien, with no criminal record, who was deported is inelgible to receive a visa for a set amount of time, either 5, 10, or 20 years. This can be overcome by applying for a waiver from the Secretary of the Department of Homeland Security. In most cases, someone with family ties in the U.S. can apply for and receive a waiver of some sort to return legally.
The ins is deporting people from Oregon who were not married and who were married as an illegal alien even after 40 years. They should talk to a imagration lawyer right away. If they find she is illegal she will be deported possible asap. the same day. It happened to my brother and his Canadian wife. They were in salt lake Utah. the next thing he knew she was in a holding tank in California. it was a night mare.
The only way you can prove someone married for citizenship is by knowing facts personally. My boyfriend married a woman when we were not together and then him and I had a child together. I did not find out until after the child that he was married. He and I had been on and off in relationship to one another for several years. I was angered and knew many facts and wanted to get the woman deported.
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