Nothing shakes a marriage like the fear of losing your spouse not to distance, but to deportation. For mixed-status couples, one unexpected knock on the door, a workplace raid, or an immigration notice can change everything. While the fear is real, so are the tools and protections available to help keep families together.
Why Married Couples Are Not Automatically Protected
A common myth is that “marrying a U.S. citizen protects you from deportation.” Unfortunately, that is not always true.
If an undocumented spouse or a spouse with a complicated immigration history is detained, immigration law will still proceed with removal unless you take steps immediately. Even couples with pending green card applications can face enforcement actions if documentation is incomplete or if certain past violations exist.
Step 1: Understand What Starts a Removal Case
Your spouse might be targeted if:
- they entered the U.S. without inspection
- they overstayed a visa
- they have a prior removal order
- they have pending criminal charges
- they triggered immigration fraud concerns
- a past application was denied
Once they receive a Notice to Appear (NTA), the deportation process formally begins. Keep in mind that some immigrants may be detained while others may not.
Step 2: Know Your Spouse’s Immediate Rights
If your spouse is detained:
- They have the right to remain silent.
- They have the right to an attorney (but at their own expense).
- They should not sign anything without legal advice. Many spouses accidentally sign voluntary departure forms.
- You have the right to know where they are being held.
Act quickly. Early legal intervention changes outcomes.
Step 3: Possible Legal Options to Stop Deportation
An attorney can assess which relief options apply, including:
- Adjustment of Status (Green Card Through Marriage)
If you are a U.S. citizen and your spouse entered the country legally even if they overstayed, adjustment may still be possible.
- Waivers
For spouses who entered illegally or have prior immigration violations, a 601A hardship waiver may be required, proving:
- extreme hardship to the U.S. citizen spouse
- financial, medical, or emotional consequences
- Bond Hearings
Detainees may be eligible for release on bond while their case proceeds.
- Asylum or Protection Claims
If returning to their home country puts them in danger, humanitarian options exist.
- Cancellation of Removal
If your spouse has been in the U.S. for 10+ years, has good moral character, and your removal would cause exceptional hardship to you or your children, they may qualify.
- Voluntary Departure and Consular Processing.
Voluntary departure allows an individual to leave the U.S. at their own expense within a specified time instead of facing formal removal, which can help avoid certain penalties. Consular processing is when an immigrant applies for a visa at a U.S. consulate abroad, rather than adjusting status from within the U.S.
Step 4: Document Your Marriage and Life Together
Strong documentation helps build trust with the immigration judge:
- marriage certificate
- joint taxes, bills, leases
- evidence of shared life
- photos
- children’s birth certificates
- letters from family, employers, pastors, teachers
Your relationship story matters.
You Are Not Powerless
Deportation is terrifying, but you are not helpless. Many families successfully stop removal or pursue alternative legal pathways. Your marriage, your history, and your documented life together all serve as evidence worth fighting for.
If your spouse has been detained or targeted, contact an immigration attorney immediately. The sooner you act, the more options you have and the more hope your family can hold onto.
Patricia Elizee is the managing partner of the Elizee Law Firm, an immigration law firm located at 1110 Brickell Avenue, Suite 315, Miami, Florida 33131. The firm was founded in 2012 and is known for its compassionate, results-driven approach to immigration law. Ms. Elizee earned her Juris Doctorate from the University of Miami School of Law and her Master of Laws from the University of Washington School of Law.
