Deported Before, But Married to a U.S. Citizen Now—What Are My Options?

If you’ve been deported from the U.S. in the past but are now married to a U.S. citizen, you might be wondering, “Is there still hope for me?” The answer: yes, but the path is complex. You’ll need to understand how reentry bars, waivers, and permission to reapply work—and how they can affect your ability to return or adjust status in the future.

Let’s break it all down so you know what your real options are.

Step One: Know Your Immigration History

Before we talk about what you can do, we need to look at what already happened.

Were you ordered removed by an immigration judge? Were you deported at the border or the airport? Did you leave the U.S. after being unlawfully present for more than 180 days or a year?

Each of these situations comes with different penalties. Here are some common ones:

• 3-Year Bar: If you were unlawfully present for more than 180 days but less than a year and then left the U.S., you are barred from returning for 3 years.

• 5-Year Bar: If you were deemed inadmissible and given an expedited removal order at the time you tried to enter the U.S. (may apply to those with or without a proper visa), then you are barred from returning to the U.S. for 5 years.

• 10-Year Bar: If you were unlawfully present for a year or more, you're barred for 10 years.

• Permanent Bar: If you reentered the U.S. illegally after being deported or attempted to reenter or reentered illegally after accruing one year or more of unlawful presence, you could face a permanent bar.

Sound overwhelming? It can be. That’s why knowing exactly what’s in your record is key. Request your file (called an A-File or FOIA request) if you're unsure of the details.

I-212: Asking Permission to Come Back

If you've been deported (also called "removed") and want to come back legally before the bar (3-year, 5-year, or 10-year) expires, you’ll need to file Form I-212, which is a formal request to re-enter the U.S. after removal.

Think of it like saying, “I know I messed up, but here’s why I deserve another chance.”

The government will consider things like:

• How long ago you were deported

• Your family ties in the U.S.

• Any criminal record

• Evidence of good moral character

• The hardship your U.S. citizen spouse would suffer without you

You can apply for an I-212 from outside the U.S. or in some cases while applying for a waiver (we’ll cover that next). Approval is discretionary, meaning even if you qualify, you’re not guaranteed to be approved.

I-601 Waiver: Asking for Forgiveness

If your inadmissibility is based on things like unlawful presence, certain criminal history,  misrepresentation, or other immigration violations, you’ll also need a Form I-601 waiver.

This is the government’s way of saying, “We’ll let this slide—if your U.S. citizen spouse or parent would suffer extreme hardship without you.”

Extreme hardship doesn’t mean just missing you or being sad. You’ll need to show something deeper:

• Your spouse has a medical condition and needs your care

• You are the sole financial provider

• Your spouse would face danger or discrimination in your home country

• Emotional or psychological hardship beyond the norm

Every case is different. Your story matters. And how well it’s told—legally and emotionally—can make all the difference.

What If You Entered Again After Deportation?

This gets even trickier. If you re-entered the U.S. after a prior removal without permission, you may be subject to the permanent bar. This is one of the most serious penalties in immigration law.

But don’t lose hope.

You may still be able to seek a waiver—but only after spending at least 10 years outside the U.S. Then, you can apply for both the I-212 and the I-601 waivers, if eligible. This is often called the “10-year wait.”

Can You Adjust Status Inside the U.S.?

In most of these cases, no, you won’t be able to adjust status (apply for a green card) from inside the U.S., even if you’re married to a U.S. citizen. You’ll probably need to:

1. Apply for an immigrant visa through a U.S. consulate abroad, and

2. Get your I-212 and I-601 approved (as needed) before or during that process.

Leaving the U.S. can be scary when you’ve been deported before—but with the right legal steps, many people do make it back and reunite with their families.

The Stakes Are High—Don't Do This Alone

Reentry after deportation is one of the most complicated areas of immigration law. Every small detail matters: the timing of your removal, how you left, why you left, your relationship with your spouse, and more.

We’ve seen families torn apart because someone filed the wrong form or didn’t understand the consequences of leaving the U.S. before getting approval.

At Tran Flores Law, we help immigrants navigate these complex paths with care, strategy, and attention to detail. We understand that this isn’t just about paperwork—it’s about your future.

Ready to Take the First Step?

If you or a loved one was deported in the past but now has a path through marriage to a U.S. citizen, you might be eligible for a second chance. But timing, preparation, and strategy are everything.

Don’t gamble with your future. Schedule a consultation with Tran Flores Law today by calling (512) 894-9984. We’re here to help you find a way forward—because everyone deserves a shot at building a life with the people they love.