Can Marriage to a U.S. Citizen Stop Removal Proceedings?

 Posted on August 28, 2026 in Immigration

Marriage to a U.S. citizen can potentially stop removal proceedings. But it doesn't happen automatically. You'll need to meet specific requirements. You'll also often need to ask the immigration court to pause your case while you pursue a different path to legal status.

Unzueta Law Group, P.C. brings over 20 years of experience in immigration law to cases like this. We understand just how frightening it feels when your future in this country feels uncertain. If you're facing removal in 2026, our DuPage County removal defense lawyer can help you understand your options.

Does Marriage Automatically Stop a Removal Case in the U.S.?

Simply getting married to a U.S. citizen doesn't automatically end removal proceedings against you. Under 8 U.S.C. Section 1255, certain noncitizens can apply to adjust their status to permanent resident based on marriage to a U.S. citizen. However, this process requires meeting specific eligibility requirements and following proper legal steps.

Marriage can open a door to relief, but you still need to walk through that door correctly. Simply having a marriage certificate doesn't automatically make your removal case disappear.

What Steps Are Involved in Using Marriage to Fight Removal?

If you're already in removal proceedings, your attorney can ask the immigration judge to pause your case. This gives USCIS time to decide on your pending marriage-based Form I-130 petition. Judges look at a few things before agreeing to pause the case, like whether the petition seems likely to get approved and whether approval would let you adjust your status.

If your Form I-130 gets approved and you qualify in other ways, you can then apply for permanent residence. For many people already in removal proceedings, the immigration judge handles the adjustment application instead of USCIS. Some cases work differently, though, including certain cases involving arriving aliens.

Does It Matter if You Married After Removal Proceedings Started?

Marriage after removal proceedings begin does not automatically prevent you from seeking a marriage-based green card, but it creates an additional legal hurdle.

Under 8 U.S.C. Section 1255(e), a person who marries while removal proceedings are pending generally must qualify for the bona fide marriage exception. This requires clear and convincing evidence that the marriage was entered into in good faith and was not created to obtain an immigration benefit.

Because of this higher standard, strong evidence of your shared life can be especially important when the marriage began after removal proceedings started.

What Evidence Proves a Marriage Is Genuine?

Building a strong case that your marriage is real, and not just for immigration purposes, requires gathering specific evidence. Helpful evidence includes:

• Joint bank accounts or financial documents showing shared finances
• A shared lease or mortgage showing you live together
• Photos from your relationship over time, including before and after your marriage
• Statements from family and friends who know about your relationship
• Communication records showing an ongoing, genuine relationship

The more thorough this evidence is, the stronger your case becomes when immigration officials review your marriage petition.

Are There Situations Where Marriage Won't Help Your Removal Case?

Certain circumstances can prevent marriage from providing relief in removal proceedings. This can include certain criminal convictions or prior immigration fraud. It can also include specific bars to adjustment of status that apply regardless of your marital situation.

Understanding whether any of these issues apply to your specific case is critical before building your entire defense strategy around a marriage-based petition. Pursuing this path when it isn't actually viable can waste valuable time in your removal case.

What Happens to Your Removal Case if Your Marriage Petition Is Denied?

This doesn't necessarily mean your removal case is over if your marriage-based petition doesn't get approved. It does mean you'll need to explore other potential forms of relief, though. This might include other family-based petitions, asylum, or other legal avenues depending on your specific circumstances.

This is why working closely with an immigration attorney throughout the entire process is so important. They can help you understand your full range of options rather than relying on a single strategy alone.

An immigration attorney can review your specific circumstances to determine whether a marriage-based petition is a viable strategy. They can help gather evidence supporting your marriage's authenticity. They can also request a continuance or other relief from the immigration court while your petition moves forward. This guidance can make a significant difference in protecting your ability to stay in the country you call home.

Contact Our Itasca, IL Immigration Attorney Today

As a local family firm, we understand how personal and stressful removal proceedings can feel, especially when your marriage and your future together are on the line. We will work closely with you to build the strongest possible strategy for your unique situation.

Contact Unzueta Law Group, P.C. at 630-509-2363 to talk to our DuPage County removal defense lawyer today.

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