Individual entered lawfully into the U.S., but has received a final deportation order previously that later became nullified. Can he or she get a green card through marriage to a U.S. citizen?
I am not sure what you mean by a 'nullified deportation order.' Usually if an individual has been ordered removed he/she cannot adjust status unless the Removal Proceedings are reopened (by filing a Motion to Reopen with good cause) and then adjust in front of the immigration judge. You should consult with an experienced immigration attorney.
USCIS will have no jurisdiction over the I-485 (the green card application. USCIS can approve the I-130 petition filed by the US citizen but not the I485. The immigrant will have to reopen and rescind the final deportation order and then file a motion to administratively close the proceedings (based on his eligibility for I485). Once the proceedings are closed, USCIS can adjudicate the I485.
This answer is for informational purposes only and should not be construed as legal advice.
Generally, someone with an order of deportation will need to adjust in front of an immigration judge. Consult with an attorney to learn exactly what you should do.
The answer provided is for general information purposes and cannot be relied upon. In order to provide legal advice, one must engage with a live attorney; this answer does not create such attorney-client relationship.
Under certain circumstances an "arriving alien" can adjust status with USCIS, even with a final order of deportation. I have successfully done this for a client who had been unable to resolve his immigration issues for ten years! This is tricky and you need an experienced immigration lawyer. When I took my client through it I had to educate USCIS multiple times about their own policies, but finally my client got his green card. Consult an immigration lawyer. Or several.
Unless s/he was in exclusion proceedings and/or arriving alien, the final order of deportation would need to be reopened first and if the order of removal became final while in appeals stage, the case would need to be remanded to the Immigration Judge who ordered removal, then adjust in front of IJ or make a motion for the case to be terminated (and if government and judge agree) and case terminated, then s/he may adjust status (get green card) through USCIS. Of course, there are all kinds of other conditions and variables attached, so very important to consult with an experienced immigration attorney ASAP.
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