Autistic, gay Fresno man faces deportation despite lawful marriage, lawyer says
AI-generated summary reviewed by our newsroom.
- USCIS canceled an interview, referred the case to court, then later held an interview.
- Autistic couple faced added court, travel, cost and possible detention risks.
- Attorney seeks termination to return case to USCIS; estimates 3–5 months for residency.
A spouse in a married, gay mixed-status couple in Fresno, was unexpectedly placed into deportation proceedings after U.S. Citizenship and Immigration Services referred one spouse to immigration court.
The couple’s attorney, Jeremy Clason, says the move is highly unusual for a marriage-based green card case involving a lawful entry, no criminal history and a bona fide marriage.
The couple, both of whom are on the autism spectrum, met in the United States and married in August 2025. One spouse is a 29-year-old U.S. citizen, while the other spouse, 34, is a Mexican national who entered the country lawfully on a tourist visa and had never overstayed or violated its terms.
Under current immigration laws, individuals who enter the U.S. legally and later marry a U.S. citizen are generally allowed to apply for permanent residency without leaving the country. According to Clason, that is exactly what should have happened in this case.
“This is a textbook marriage-based green card case,” Clason said. “From 2005 until now, I had never seen USCIS treat a case like this the way it was treated.”
Through their attorney, the couple declined to be interviewed or identified for this story.
The case, which began at the green card office in downtown Fresno and was later sent to an immigration court in Concord, reflects a broader pattern of family-based green card petitions increasingly being diverted into deportation court or resulting in detention. Advocates warn the shift is creating fear for immigrant families who are trying to remain in the country legally by pursuing permanent residency.
After the couple filed their green card application in October, USCIS scheduled an interview at its Fresno office two months later — an unusually fast timeline. Shortly afterward, the interview was abruptly canceled.
Instead, the couple received notice that the immigrant spouse had been referred to an immigration court in Concord, placing him in formal removal proceedings and exposing him to the possibility of detention and deportation to Mexico.
The referral came despite the immigrant spouse’s clean immigration history. According to Clason, he had entered the U.S. lawfully multiple times, never overstayed his visa, and had no criminal record.
More unusual, Clason said, was the fact that USCIS referred the case to immigration court without conducting the standard interview to determine whether the marriage was legitimate.
“Normally, USCIS interviews the couple first,” Clason said. “That’s where they determine if the marriage is real. That never happened here.”
Clason believes USCIS may have accused the immigrant spouse of having “preconceived intent” — the idea that he entered the U.S. on a tourist visa already planning to marry and remain permanently.
The immigrant spouse entered the U.S. on April 6, 2025. The couple married nearly four months later, outside the 90-day window that immigration officials often scrutinize.
Jason Scott, executive director of LGBT Community Network in Fresno, said he is alarmed that a swift courtship is being used as a justification to threaten a family with deportation.
“Valid marriages happen quickly all the time, yet this couple is being fast-tracked to immigration court instead of being given a fair opportunity to prove the legitimacy of their loving bond,” he said. “Straight couples who marry quickly often get the benefit of the doubt or a second interview.”
Both spouses have been formally diagnosed with autism and have additional health conditions. They require daily support and live with the U.S. citizen’s parents, who help them manage finances, schedules, and official correspondence, Glason said.
At the rescheduled Fresno interview, USCIS approved the couple’s marriage petition, known as the I-130, formally recognizing the marriage as legitimate.
However, USCIS closed the remaining applications for a green card, leaving the final decision to an immigration judge in Concord.
Clason said the case reflects a broader trend he is seeing across California, where USCIS increasingly refers low-risk cases to immigration courts.
“Cases that weren’t risky at all last year are much more risky now,” he said. “We’re seeing more people sent to court even when they’re legally eligible.”
This story was originally published February 6, 2026 at 1:39 PM.
