Hello, I’m Attorney Louis Haskell, and welcome to another edition of Legal Corner.
I’ve shared several stories about successfully receiving green cards for clients, often highlighting timelines and different aspects of the process. Today, I’m excited to discuss a unique case—one that stands out not just because of the green card itself, but because of the journey it took to get there.
This particular case took longer than most because it started out in immigration court as an asylum case. It was a fascinating and challenging case that I was looking forward to trying. From a professional standpoint, it would have been a satisfying case to handle in court, especially given the complexities involved.
But then, something changed. While the asylum case was dragging on, my client got married—to a United States citizen. This turned the case from an asylum petition into an adjustment of status case. Instead of fighting to stay in the U.S. through asylum, we shifted our focus to obtaining a green card based on his marriage.
Many people are surprised to learn that yes, you can get married while you’re in removal proceedings, and you can adjust your status based on that marriage. I often get asked questions like, “What happens if you get married during removal proceedings? Can you still get a green card?” The answer is yes, but with some additional hurdles.
Under U.S. immigration law, all green card marriages are scrutinized for fraud, but marriages that occur during removal proceedings face an even higher level of scrutiny. In these cases, the burden of proof shifts—applicants must present clear and convincing evidence that the marriage is genuine, not just a marriage certificate. The government and the court tend to be more skeptical in these situations, which means it’s crucial to prove the bona fides of the relationship.
I’ve had several cases like this, where my client was in immigration court on an asylum petition and got married during the proceedings. We’ve won every single one of those cases, proving time and again that it’s possible to successfully adjust status in this scenario.
One of my favorite stories involves a client who got married five times to three different women while in removal proceedings—and we still won his case! It just goes to show that even under heightened scrutiny, the process can work when the marriage is genuine.
So, if you or someone you know is facing removal proceedings and marries a U.S. citizen, don’t hesitate to reach out. We’ve handled many of these cases, and we’ve even won green cards while the client was still in immigration court.
Thank you for reading, and if you’re in a similar situation, know that help is available.