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I received a deportation order 25 years ago. However, I never actually received a notice at the time of the removal proceedings — I only learned that the process had gone forward and resulted in an order.
I recently agreed to marry a U.S. citizen — I’d like to know if there’s a way to avoid deportation if I go through with the marriage.
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T. 718-514-2777 HK Jang
Marriage Green Card in U.S.: $1,900
Marriage Green Card Abroad: $2,100
Green Card for a Parent in US: $1,750
Green Card for a Parent Abroad: $1,950
Perm(LC) : $4,500
I-140 : $2,000
I-485 : $1,500
K-1 Visa : $1,450
Change of Status : $1,500
N-400 : $600
Re-Entry Permit : $500
Green Card Extension : $300
To pursue relief through a U.S. citizen spouse, you could start now by filing a Motion to Reopen the 20-year-old deportation order. However, since the deadline to file a motion to reopen has already passed, reopening would require the consent of the immigration prosecutor in that court through a Joint Motion to Reopen. Depending on the case, if you can persuade the immigration prosecutor with valid grounds — such as relief available through a U.S. citizen spouse and other reasonable grounds for a joint motion — it may be possible to reopen the removal proceedings and attempt a green card application and other relief through your citizen spouse.
Additionally, whether a waiver application is needed when filing for a green card, or whether the green card application can be filed from within the U.S., requires analysis of the reasons behind the original deportation order, how you entered the U.S., and any other immigration-law or related violations. Also note that the current Removal Proceedings framework began April 1, 1997; before that, it was called Deportation and Exclusion Proceedings, which likely applies to your case given it was 20 years ago — this distinction also requires a detailed legal analysis when pursuing relief.