Marriage Green Card After a Removal Order
A prior removal order does not automatically end the possibility of obtaining a marriage-based green card.
But it dramatically changes the strategy. In most cases, additional filings such as Form I-212 (permission to reapply)
— and sometimes other waivers — are required before lawful permanent residence becomes possible.
If you have a final removal or deportation order, you typically cannot simply file for adjustment of status.
The process often requires permission to reapply (I-212), analysis of unlawful presence bars, and possibly a waiver such as an I-601 waiver.
The correct path depends on whether you are inside or outside the United States and whether the order has been executed.
A removal order may result from immigration court proceedings, an in absentia order, or certain expedited removal situations. It is important to distinguish between removability and inadmissibility because each affects the marriage green card strategy differently.
- Was the order executed? If you were physically removed, additional bars may apply.
- Is an I-212 required? Most prior removal scenarios require
permission to reapply. - Are unlawful presence bars triggered? Review:
unlawful presence bars. - Is misrepresentation involved? See:
fraud or misrepresentation. - Are criminal grounds implicated?
Criminal inadmissibility
may require additional waiver analysis.
In some cases, filing a motion to reopen with the immigration court may allow a person to pursue adjustment of status based on marriage while the case is reopened. This is fact-specific and time-sensitive.
If you are currently in proceedings (not yet under a final order), see:
Marriage Green Card During Removal Proceedings.
Many individuals with executed removal orders must process abroad through consular processing.
It is important to understand the strategic differences:
Consular Processing vs Adjustment of Status.
Marriage-based cases after a removal order often involve layered filings and
strict timelines. A coordinated plan — including I-130 strategy, I-212 analysis,
and waiver planning — can prevent additional bars or delays.
