If a student on f1 visa is in the custody of INS and might be deported can us citizen marry him to keep here?

If a student on an F-1 visa is in the custody of Immigration and Naturalization Service (INS) and facing potential deportation, marrying a U.S. citizen may provide an opportunity to remain in the United States and adjust their immigration status. However, the process is not straightforward and several conditions need to be met:

1. Validity of the Marriage: The marriage must be legally valid and entered into in good faith. The purpose of the marriage should not be solely to obtain an immigration benefit.

2. Timing of the Marriage: The marriage should take place before the student's deportation order is finalized or executed. If the student is already deported, they cannot adjust status based on a marriage to a U.S. citizen.

3. Submission of Form I-130: The U.S. citizen spouse must file Form I-130, Petition for Alien Relative with the United States Citizenship and Immigration Services (USCIS).

4. Affidavit of Support: The U.S. citizen spouse needs to submit an affidavit of support, which is Form I-864. This document demonstrates the financial ability of the sponsor to support the immigrant.

5. Waiver of Deportation: Since the student is in deportation proceedings, a waiver of deportation may be required. The waiver determination is done by an immigration judge and takes into account factors such as family ties in the U.S., hardship, and the student's overall history.

6. Adjustment of Status: Once the I-130 petition is approved, the student may be allowed to adjust their status from F-1 to lawful permanent resident (green card holder) while in the United States.

It is crucial for the student to seek legal advice from an experienced immigration attorney to assess the specific circumstances of their case and explore the possibilities of adjusting their status through marriage.