I’ve had a deportation order from an in-absentia judgment for a long time — I’d like to know if I can still apply for a green card.
I understand a removal hearing proceeded without me because I wasn’t able to attend, and a deportation order was issued by default. Since then, I met and married a U.S. citizen, and we now have a child together. I’d like to explore whether there’s a way for me to obtain a green card now as the spouse of a U.S. citizen. Please let me know the procedure or method, if there is one.
If a deportation order has already been issued, you’d need to pursue relief through your citizen spouse. To do this, you’d need to file a Motion to Reopen the prior deportation order. However, if the deadline to file a motion to reopen has already passed, reopening requires the consent of the immigration court prosecutor through a Joint Motion to Reopen. There’s no guarantee, but if you can present valid grounds and persuade the prosecutor depending on the circumstances, the case could be reopened, and you could then pursue a green card as the spouse of a U.S. citizen.
Procedurally, to first request a Joint Motion to Reopen with the prosecutor, your I-130 (immigrant petition from your citizen spouse) needs to be approved first, so you should start by filing I-130.