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Guide To Re-Enter The United States After Deportation

Guide To Re-Enter The United States After Deportation

Deportation is one of the most traumatic and life-altering events in an immigrant’s life. A deportation can break up families, separate men from women, children from their parents, and siblings from each other. Deportation can leave deep psychological and emotional wounds.

If you are a foreign national who has been removed from the United States, it is unlikely that you will be able to renew your visa or obtain a green card that would allow you to return. However, that doesn’t mean you won’t be able to re-enter the United States.

Re-entry after removal from the United States depends on several factors, including the reason for your removal, the number of violations on your record, and other factors. In most instances, you can return to the US after being removed from your home country.

However, a non-citizen’s removal from the US will make it difficult for them to obtain a new visa or green card that would allow them to re-enter the country. However, you may have to wait several years before re-entering the country. The federal government usually places a time limit on a non-immigrant’s re-entry, known as an inadmissibility period.

During this period, a non-immigrant cannot enter the United States at any port of entry. Most inadmissibility periods are 10 years, but they can range from 5 years to a lifetime ban. Remember that the time you have to wait depends on the reasons for your removal.

For instance, if you were convicted of a felony, you will have more time to wait than if you were removed for a lesser offense. Although removal from the United States is a serious issue, it does not have to stop your American dream.

Re-entry procedures after removal vary depending on the reason for the person’s removal, the number of infractions, and other factors. This post clarifies some vital points you need to know when planning to re-enter the United States after facing deportation.

The reasons for deportation

There are many reasons why you can be removed from the United States. The most frequent reasons for removal include:

  1. Illegal entry, changing of immigration status, or violation of terms of immigration status.
  2. Criminal charges that result in removal.
  3. Failing to register when required or falsifying documents.
  4. There is a chance that you are a national security risk.

There are different waivers for each of these grounds, except for the security-related waiver. There is no waiver for a person classified as a national security risk. A person removed on an aggravated felony charge will likely be banned from the US for at least 20 years.

If a person has been removed on a lesser charge, they may have to wait 5 to 10 years before applying for a waiver. This depends on the nature of the charges.

The things that come with being deported

Deportation can’t be reversed. Your visa can be revoked if you are found guilty of a crime or have committed a deportable act. If you have a green card and have committed a crime, you will be removed from your status as a lawful permanent resident of the United States.

Very rarely, you can appeal your case and have it reopened or reconsidered if a wrongful act was committed against you or if new evidence supports your case. If you plan to return to the US, you will most likely have to start all over again. You will need to prove that you are eligible for an immigrant or non-immigrant visa and see if there is anything you can do to prove why you are admissible.

Waiting time before re-entering the US

While the number of years depends on individual cases, most deported individuals wait between 5 to 20 years before being able to re-enter the United States. The vast majority of individuals barred from entering the United States for 20 years were deported for committing an aggravated crime. Some of the most serious aggravated crimes in the US include:

  • Drug trafficking.
  • Child abuse.
  • Rape.

For these aggravated crimes, you can also be barred for life. If you have been deported more than once, you can be barred for 20 years. What if you are ordered to appear in court, and the judge presiding over my hearing issues a removal order against you? The court will most likely prevent me from re-entering the US for at least 10 years.

If the judge orders you to appear in court for an immigration hearing and issues you a removal order, file a formal appeal to reverse the order. Once you leave the US, you are unlikely to be able to re-enter the country for at least 10 years. Additionally, you could be subject to a five-year ban if you were removed from the US for illegally entering the country with false documents.

A five-year ban is also possible for a US resident who is ordered to appear for an immigration hearing but does not show up. Therefore, it is highly recommended that you appear in court with legal representation if you are asked to appear.

Overcoming the waiting time

You may be shocked to learn that it is possible to re-enter the United States before your ban ends. For instance, if you have been deported, you may still be able to obtain a temporary visa, like a student visa, work visa, or an immigrant visa. You will need to apply for a waiver, which will allow you to re-enter the country legally.

It is important to note that the court may reject your release application and that you cannot legally enter the United States until your ban ends. If you have a 20-year ban, you can still petition for a release to re-enter the US. However, your release application must have been considered if you spent at least 10 of the 20 years of your ban outside the US.

Waiver

Depending on the cause of your removal, you may also need to file an I-212, which removes the prior removal restrictions. However, you must file an I-601, which removes the grounds for removal. For example, you may need an I-601 to obtain a waiver of grounds of inadmissibility if you were convicted of a felony.

You must submit Form I-601 to your local immigration office where your removal hearing occurred. If you are applying for a visa from abroad, you must file Form I- 601 with your US consulate processing your visa application.

You can also submit Form I-601 before you leave the United States by filing it with the local office in your state of residence.

How to re-enter the US after deportation

One of the first questions you may ask after the deportation of a loved one is whether they will ever be able to return to the US. In most cases, the answer to this question is in the affirmative. It depends on the specific reason for removal and the hardship the family faces.

Because the reasons for removal can range from a visa overstay to a serious crime, it is not always easy to provide a general answer to what is often a very specific question. It is certainly a good idea to have a qualified immigration lawyer review the situation with you to see if re-entry to the US is possible.

The initial step to return to the US is to have an available visa, typically based on a petition from a family member or an employer. A visa must also have an immediate priority date or a date that immediately allows the beneficiary to apply for a visa to enter the United States.

It is interesting to note that immigrant and non-immigrant visas are suitable for starting the process. Generally speaking, however, the requirements for non-immigrant visas after a deportation are very different from those for immigrant visas. The success of a visa application depends on the specifics of your case.

You will need to file a waiver before you can apply for either of these. A waiver allows you to “forgo” your previous removal order, essentially allowing you to return to the US with your visa or green card. In most cases, you will have multiple waiver options for immigrant visas because you may need several waivers.

The law offers different waivers for various crimes. Generally, an individual facing an expulsion order will require a waiver specific to that expulsion order. These waivers are, however, time-sensitive. As a result, if the removed person waits for the statutory period to end, there is no need for a removal waiver if they wish to return after that period has expired.

You may also require a second waiver. Generally, this means waiving the basis for the removal order. A second waiver can be for various immigration violations, including crimes, fraud, and false statements. To qualify for this second waiver, applicants typically must demonstrate extreme hardship on the part of a spouse or parent of an American citizen (and, in some rare cases, children).

A lawyer can quickly identify other less common waivers for immigration violations. As mentioned above, waivers for non-immigrant visas tend to be harder to get after removal because a non-immigrant might have fewer ties to the US, so there is less incentive to let them back into the country.

Get help!

Re-entry to the US after deportation is a complicated process. You must prove to the US government that you are eligible for a new life in the US. An experienced immigration lawyer can help you file all the required paperwork and present a compelling case for your re-entry.

At Gehi and Associates, we are committed to helping our clients overcome challenging immigration experiences. We fully understand the complexities involved in helping deportees re-enter the US. Contact us today to get a chance to re-enter the US!

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