Marriage Green Card During Deportation (Removal Proceedings)

People often say “I’m in deportation” when they mean they are in immigration court. If you are married to a U.S. citizen
and you are currently in removal proceedings, a marriage green card</a >may still be possible — but the process and strategy are different than a standard filing with USCIS.

In many cases, the strategy starts with an approved Form I-130 and then evaluates whether adjustment of status can be pursued in court, whether the proceedings can be terminated, and whether any inadmissibility issues require waiver planning. The best approach depends on your entries, any prior orders, and the reasons you are in proceedings.

This page covers situations where you are in active removal proceedings (your case is pending in immigration court).
If you already have a final removal order — or you were previously deported — the strategy can change substantially.
See:
Marriage Green Card After a Removal Order.

Understanding the difference between removability and inadmissibility is often key:
Removability vs. Inadmissibility.

In removal proceedings, the I-130 petition is often the foundation. A strong I-130 filing typically includes clear proof
that the marriage is real and ongoing. If USCIS questions the relationship, it can derail the entire court strategy.
Review:
Bona Fide Marriage Evidence
and our
Form I-130 guide.

The “right” marriage green card strategy in proceedings depends on eligibility and risk. Some individuals may be able to pursue
adjustment of status while the case is pending. Others may need a termination strategy. In some situations, the case points toward consular processing instead.

For background on the two major tracks, see:
Consular Processing vs. Adjustment of Status,
and our overview pages on
Adjustment of Status
and
Consular Processing.

Removal proceedings do not automatically mean you are inadmissible, but many marriage cases in court involve inadmissibility issues that require careful planning. A helpful overview is the grounds of inadmissibility.

• Unlawful presence bars
  (especially if the strategy involves departure and consular processing)
• Fraud or misrepresentation
  (including issues tied to entries, prior filings, or statements)
• Criminal inadmissibility
  (arrests or convictions can change the case strategy)
• Prior removal history can trigger additional requirements such as
  Form I-212
  (more common when dealing with prior orders; see also our
  after removal order page)

Waiver planning often centers on an
I-601 waiver
or, in some consular-processing scenarios, an
I-601A provisional waiver.
For a roadmap, start here:
Inadmissibility & Waivers (Hub).

Even in court-based cases, credibility and documentation matter. If USCIS interviews are involved in your case path,
preparation is critical. See:
Interview Prep
and
Marriage Green Card Interview.

For document organization and checklist-style planning, see:
Document Checklist
and
Marriage Green Card Forms & Documents.

If you are in proceedings and a prior marriage green card filing was denied, the denial reasons still matter for what happens next.
See:
Marriage Green Card Denied — What Next?

“During deportation” marriage cases are high-stakes. The wrong step can trigger bars, lead to waiver complications, or limit available options.

A coordinated plan typically involves the I-130 strategy, evidence development, inadmissibility screening, and a clear court pathway.