Can You Return to the U.S. After Being Deported?

Can You Return to the U.S. After Being Deported?

An individual who has been deported from the U.S. will find it difficult to obtain another visa or green card to come back lawfully; however, it is not impossible. In order for one to reenter the U.S. after being deported will depend on why that individual was deported in the first place. For instance, it can depend on the number and type of violations and more.

If you plan to apply for reentry, you will need to know what it takes to be eligible for a visa or green card.

How Can One Get Deported?

There are four different categories in which one can face deportation, which are the following:

The illegal immigrant was inadmissible when he entered the country and did not have proper status or he may have violated the terms of his immigration status.
The illegal immigrant was unlawful and was charged with several criminal offenses, which resulted in deportation.
The illegal immigrant failed to register with immigration authorities or fabricated documents.
The illegal immigrants poses a threat to U.S. security.

Based on each ground of removal, there are different types of waivers one can potentially obtain, for the exception of security-related issues. There are absolutely no waivers for any illegal immigrant who has posed a security threat.

If an illegal immigrant was deported because of an aggravated felony, then it is likely that he will have to stay out of the U.S. for 20 years. If he was removed for a smaller charge, he may have to wait five to ten years prior to applying for a waiver. Depending on the severity of the grounds of removal will depict whether or not he is eligible for a waiver.

Removal Time Depends on the Number and Type of Violations

The removal time solely depends on the number and types of violations one has committed. According to the U.S. Citizenship and Immigration Services (USCIS), individuals who return or attempt to return to the U.S. without eligibility can become inadmissible if they were:

Removed from the U.S.
Illegally present in the U.S. for more than a year

There are certain restrictions when it comes to reentry and they depend on the reason for removal and the amount of times that person has been removed from the U.S. It is important to know that the consequences become increasingly worse after each removal.

Additionally, consequences can depend on whether an illegal immigration chooses to leave the U.S. before or after removal hearings. Illegal immigrants who choose to leave the U.S. prior to removal hearings may have a chance to reenter sooner as opposed to one who challenges the removal, participates in removal hearings, and as a result, is ordered to be removed. An illegal immigrant who leaves voluntarily is more likely to receive a waiver as opposed to someone who declines to leave voluntarily.

Waiting Times for Application of Reentry

Below are the common waiting times for application of reentry:

Five Years
Illegal immigrants who have been removed in an expedited removal proceeding.
Illegal immigrants who have been removed through removal proceedings based on their arrival in the U.S.

Ten Years
Illegal immigrants who were ordered to be removed by an Immigration Judge.
Illegal immigrants who fled the U.S. while an order of removal was still processing.

Twenty Years
Illegal immigrants who were removed more than once.

Permanent Removal
Illegal immigrants charged with an aggravated felony.
Illegal immigrants who illegally come back to the U.S. after they have been deported.

Applying for Permission to Reapply

If you plan to reapply for permission to enter the U.S. after you have been deported or removed, you must file Form I-212, which is the Application for Permission to Reapply for Admission. This paperwork is necessary in order for you to continue with the process, which is not always guaranteed.

Contact a deportation lawyer Pasadena as soon as possible to get the legal guidance you need.

Speak to a Deportation Attorney
It is imperative that you speak to a deportation immigration attorney in order to fully understand what is needed to be done to proceed. Our team at Alami Law can help you every step of the way. We have an abundance of experience in helping those who are facing deportation issues. Feel free to contact us any time to speak to a Pasadena immigration attorney.

Related Blog

  • Who Qualifies For a Visa For Medical Treatment?

    Who Qualifies For a Visa For Medical Treatment?

    For people who live outside the United States and have illnesses that cannot be treated in their home country, their best chance is to be granted a visa to travel to the U.S. for treatment. However, to do so is a complex process, filled with many requirements. Because of this, it is best to work … Continue reading "Who Qualifies For a Visa For Medical Treatment?"Read More »
  • How to Appeal an Immigration Court’s Decision

    How to Appeal an Immigration Court’s Decision

    In order to handle immigration issues, you’ll need to attend a merits hearing in the immigration court. This is commonly known as the Executive Office for Immigration Review or EOIR for short. The EOIR is the part of the Department of Justice that is responsible for handling immigration cases. If your immigration is denied, your … Continue reading "How to Appeal an Immigration Court’s Decision"Read More »
  • Understanding Crimes Involving Moral Turpitude

    Understanding Crimes Involving Moral Turpitude

    Crimes involving moral turpitude entail some action that offends the public conscience. Some of the most heinous crimes can involve a moral turpitude component. The following crimes may involve moral turpitude: aggravated kidnapping, robbery, arson, child or spousal abuse, rape, and prostitution. There are other crimes like bigamy and pandering that could also be considered … Continue reading "Understanding Crimes Involving Moral Turpitude"Read More »