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Will remarrying my wife save me from deportation?

Tewksbury, MA |

I'm an immigrant who entered the country without inspection. 5 years ago, I met my ex, fell inlove and got married. My now ex-wife, while we were married, filed a petition that would allow me to adjust so that I can have status. Unfortunately, the alien petition was approved, then it was discovered that I did not have an I-94 card and as such the adjustment petition was denied. Soon thereafter, my wife and I were having problems and we got divorced. I'm now in deportation and we are working on our relationship. She is wondering if she can save me from deportation if we got married again? Please note that our previous marriage was never considered shame.

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Best Answer

In removal proceedings, you may present any application for relief to which you may be eligible. If you have been in the US for more than 10 years, but entered without inspection,you may be eligible to seek cancellation of removal if you have a parent, spouse or child who is a US citizen or lawful permanent resident.


If you were not eligible to adjust before, you are also ineligible now. However you may have the requisite relative to be eligible for cancellation of removal if you have a USC spouse.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


If you get married, and can prove the marriage is genuine, you may be able to apply for a waiver.

Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.

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