Can You Come Back to the U.S. After Deportation? A Step-by-Step Guide

Introduction

Navigating the often convoluted tangles of US immigration laws after a deportation can be a perilous endeavor. So, we have devised the Guide for re-entering the U.S. after deportation in an attempt to describe the process and some of the criteria in detail. Our Guide begins by elucidating the process of re-entry to the U.S. after having been deported. We have outlined key elements that need to be met in order for re-entry to be granted.

Furthermore, we have created a list of special circumstances in which certain requirements of the re-entry process can be waived. Lastly, it is explained why getting the best help possible, i.e. a qualified immigration lawyer, is very important in the re-entry process.

This Guide explains the many road blocks to re-entry after deportation. This Guide describes in detail the many ways there are to try to re-enter in the “wrong” way.

Understand Your Re-Entry Eligibility After Deportation

How Can Someone Find Their Way Back to The United States After Having Been Deported? Many factors can make it very challenging for someone who has been deported from the United States to regain eligibility to lawfully return to the country. We have outlined these situations in order to give you an idea of how someone could regain the ability to return to the United States after having been deported.

1. Identify the Type of Deportation: Identify the reasons for your removal. Were you removed as a result of a criminal offense for which you were convicted and sentenced at any time prior to your admission (as opposed to after entry for which you are being removed) or were you removed for other reasons for removal, including violation of (c)(1)(B) visa terms (i.e. failing to satisfy the cap gap fix for terminations of TPS or relief under DOS determinations of recess in order to meet green card waits), among others? Each of these types of removals will affect your ability to return even after the period of ineligibility has lapsed.
2. Duration of Your Ban: The duration of your ban depends on the grounds of your deportation. A ban of 3 years can be imposed for a number of different reasons of removal. Where the reasons for removal include violation of (c)(1)(B) visa terms (i.e. failing to satisfy the cap gap fix for terminations of TPS or relief under DOS determinations of recess in order to meet green card waits), however, a ban of this length will not necessarily apply even where the reasons for removal also involve a number of other reasons for removal. Depending on the reasons for removal, for example, you can return to the U.S. even after being deported after a period of ineligibility has lapsed. In such cases, however, the usual ban of 3 years will not apply. Instead, you will be banned for 5 years for example where your removal was based on aggravated felony convictions. Thus, in such cases, a ban of 20 years will not apply, but rather a ban of 5 years instead. (As a general matter, a ban of 20 years will apply where the reasons for removal include, for example, aggravated felony convictions.)
3. Reaching Out for Help: You can look for legal help online. There are many online resources, not only federal, but also state specific. Remember that USCIS has a lot of information on their website regarding immigrants similar to yourself who have been deported. If you need further assistance, you can also seek advice from many free legal services that exist around the country. If you are looking for help locally in your state, try contacting a non-profit that specializes in helping deported individuals and their families.
4. Documentation that you need for legal resources: List all the relevant documents, i.e. court orders, and all the relevant documents related to immigration.
5. Status of relative(s): Have you or your relative(s) found new hope for your return to the U.S. through a visa or because a family member is now a U.S. citizen or lawful permanent resident? In these types of situations, your relative(s) can be very helpful in obtaining a waiver for your readmission to the U.S. as well as establishing any necessary Evidence of Status or other required immigration documents to show Legal Presence in the U.S. for example.

Important changes have taken place to allow individuals who are in the same circumstances as you, who would have otherwise been prohibited from applying for a waiver for readmission to the US, to apply for such a waiver. Keep in mind however, that a provisional waiver of inadmissibility granted to you does not automatically entitle you to be issued a visa and to return lawfully to the US. You could still be inadmissible to the US for reasons noted above.

Follow these steps and you can return to your family.

Identify Factors Affecting Your Re-Entry Timeline

Yes, immigration to the US can be a very difficult process, but it is not impossible to figure out how long it will take for re-entry to the US. There are many factors to consider when planning your return to the United States.

1. Type of Deportation: Importantly, the amount of time that it will take for re-entry to the U.S. following a deportation will greatly depend on the circumstances of the deportation. If the individual was deported because of serious crimes that he or she committed, and he or she is an “aggravated felon” as defined by section 101(a)(43) of the Immigration and Nationality Act, as amended, then he or she shall, after serving any term of imprisonment required by any statute or imposed pursuant to subsection (b) of section 113A of title 18, United States Code, be denied admission to the United States for a period of 20 years from date of deportation. Therefore, individuals who have been deported for such serious crimes will have to wait the longest period of time to return to the U.S. following a deportation.
2. Legal Waivers: A waiver of inadmissibility can be applied for by individuals who have been deported from the U.S. and who are seeking re-entry to the country as soon as possible. These types of waivers are typically granted to individuals with strong ties to the U.S. who can show “extreme hardship” to family and friends living in the U.S. if they are not allowed to return for a long period of time. Some individuals may even qualify for expedited processing of their immigration documents, such as for a green card.
3. Changes in Immigration Law: There have been many changes in Immigration Law recently and these changes in law will affect your way of coming back to the U.S. soon. The Laws of Immigration are always changing which can be either good or bad for someone trying to re-integrate into the U.S. Recently, immigrant visa processing for 75 countries has been put on hold. Therefore, these changes in law can greatly affect you also.
4. Personal Circumstances: Factors that are typically viewed positively by the Court are those of family and friends living in the U.S. and those of the deported person that have changed while they were outside of the U.S. Thus, a person who has been deported and is now married to a U.S. citizen will have his or her application for reintegration granted in record time.
5. Legal Representation: By hiring the services of an attorney at Vasquez Law Firm, our clients can have their specific situation evaluated. The attorneys at Vasquez Law Firm have in-depth knowledge of the ever-changing laws regarding entry and residency into the U.S. Therefore, the attorneys at Vasquez Law Firm are able to provide their clients with the best possible legal representation in order to assist them in their re-entry into the U.S. The attorneys at Vasquez Law Firm are also able to advise their clients in a timely manner as to their best ability. For this reason, it is highly recommended that individuals who have been deported seek the representation of an experienced immigration attorney, as they can better inform and serve their clients regarding their rights and options. At Vasquez Law Firm, we are committed to serving the legal needs of our clients. In addition to providing our clients with competent and effective legal services, we are also dedicated to treating all of our clients with respect and to making sure that our clients are treated with dignity and respect. The attorneys at Vasquez Law Firm are able to represent their clients in both English and Spanish. Therefore, language will never be a barrier to communication between you and your attorney.

Vasquez Law Firm can evaluate your individual circumstances and assist you with your return to the U.S. We can represent you throughout your re-entry process. We offer FREE INITIAL CONSULTATIONS as well as competitive and flexible payment plans for our legal services.

Explore Legal Options for Returning to the U.S.

As deportation to other countries becomes more common, it is natural to wonder about return to the U.S. after deportation to explore your options for return. The following steps are outlined to help those who have been deported return to the U.S. through the Waivers and Reentry into the U.S. process.

1. Determine Eligibility for Waivers: Deportees need to determine whether they are eligible for any of the available waivers of inadmissibility in order to return to the U.S. The majority of individuals who have been deported will need to file an I-212 Application for Permission to Reapply for Admission after Deportation.
2. File the Necessary Applications: While the prior step established the basis for Waivers and Reentry into the U.S. for your deportee relative, you must now actually prepare and submit the Applications for which your relative is eligible. Such Applications include the I-212 (Application for Permission to Reapply for Admission to the U.S. after Deportation) and the I-601 (Application for Waiver of Grounds of Inadmissibility). The types of Applications necessary will depend upon the various reasons for which your relative’s deportation established that your relative is Inadmissible to the U.S.
3. Consult with an Immigration Attorney: Our Immigration Attorneys work with individuals, families and businesses to ensure that your immigration applications are prepared properly, submitted in a timely manner, and address any potential issues that could lead to the denial of your applications and the deportation of you and your loved ones.
4. Be prepared for your interviews: As mentioned before, interviews may be scheduled at any time, according to the officials of the U.S. consulate. During the interview, the applicant will be asked to defend his/her evidence and prove his/her admissibility to come back to the U.S. Therefore, it is highly recommended to gather and organize all evidence of the applicant’s ties to the U.S., his/her employment and any other circumstance that establishes his/her admissibility to return to the U.S.
5. Staying Informed: Stay current on any changes to laws and regulations regarding immigration to and within the U.S. in order to be best prepared to handle any issues that may arise while your case is under review.

You and your family will surely be relieved if you successfully return to home after having been deported. Exploring the options available to you after having been deported is, in itself, an important step, as did I describe the various aspects involved in a successful I-212 waiver case, that of establishing a strong narrative regarding your application for reentry to the U.S. (Waivers of inadmissibility) and such would typically include references to your family ties, your rehabilitation, as well as your contributions to the U.S. economy.

Recognize Risks of Illegal Re-Entry Attempts

Entering the US illegally after having been deported can be a very scary situation for people. It can be especially tough for people with families because there are a lot of risks that can affect not only their lives but also the lives of their loved ones and in the worst case scenario the lives of their families as a whole. These consequences can bring a lot of pain and can potentially change the lives of so many people for the worse and even in the worst cases scenario can potentially lead to the breakup of families.

Also, people who try to re-enter the US illegally after having been deported are considered to be repeat offenders and they can face even worse consequences than people who try to re-enter the US illegally for the first time. In fact, not only can repeat offenders be subject to harsher punishments than first time offenders, but they can also lose more rights and freedoms than first time offenders. For example, while a first time offender can be sentenced to a maximum of 20 years in prison for a repeat offense under Section 1326 (attempt to re-enter illegally after deportation), a second time offender can also be punished with up to 20 years in prison for a second attempt to re-enter the US illegally after a deportation as well.

Finally, unauthorized return will extend the period of ineligibility to return lawfully to the U.S. and significantly complicate future efforts to lawfully enter and reside in the U.S. You must advise Immigration of all prior unauthorized attempts to return to the U.S. This will impact your eligibility for a visa and whether you are eligible for a waiver of inadmissibility and, in the end, whether you are granted permission to lawfully return to the U.S. What happens when past actions come back to haunt you?

Detention and subsequent removal would be an added fear. Data from FY 2021 reports that 99.2% of individuals that had been convicted of violating Section 1326 (re-entry after removal) received a prison sentence.

This can include, keeping immigration officials out of your home until they have proven they have a valid warrant. When this happens, you can choose to stay silent, ask for an attorney, and deny signing for any documents. Vasquez Law Firm provides emergency immigration defense services, 24 hours a day, 7 days a week. We can help with any emergency. Call 1-844-967-3536 right now for help with any emergency.

A previous attempt of unauthorized return to the U.S. will likely pose problems in attempting to obtain legal status through the issuance of a visa and/or application for waiver of admissibility in the future. These are the laws of U.S. Immigration and attempting to enter the U.S. illegally will cause great problems to you and your family.

The stress and anxiety caused by someone attempting to return to the US illegally can affect not only their life but also the life of their loved ones. Understanding the potential consequences of their actions and learning what their rights are could ensure their well-being and the well-being of their family.

Conclusion

Return Process Made Easy! While there are many steps involved in deporting someone and then allowing them to return to their home and families, each step along the way will bring you closer to reuniting with your loved ones.

Knowing the type of deportation proceedings that you were under, as well as the specifics of your case, can greatly affect your return to the States. It is highly recommended that you seek the assistance of a good deportation attorney who can inform you of your rights and options.

We have outlined the risks involved in regards to illegal reentry into the U.S. However, if you are seeking to return to the U.S. we encourage you to seek assistance. We at Kaplan Law Group are here to assist you, 24 hours a day, 7 days a week. We can assess your individual circumstances, provide you with information regarding your available options, and discuss the possible risks associated with your return to the U.S.

Frequently Asked Questions

What are the main factors affecting re-entry eligibility after deportation?

The main factors include the type of deportation, the duration of the ban, and the reasons for removal, such as criminal offenses or visa violations.

How can someone identify the type of deportation they experienced?

Individuals can identify their type of deportation by determining the reasons for their removal, such as whether it was due to a criminal conviction or other visa-related issues.

What is the typical duration of a ban after deportation?

The duration of a ban can vary: a 3-year ban may apply for certain removals, while a 5-year ban may apply for aggravated felony convictions. A 20-year ban is generally imposed for more severe offenses.

Where can individuals seek help for re-entry after deportation?

Individuals can seek help online through federal and state resources, USCIS information, and local non-profits that specialize in assisting deported individuals and their families.

What documentation is needed when seeking legal resources for re-entry?

Relevant documents include court orders and all immigration-related documents that pertain to the individual's case.

How can the status of relatives impact re-entry eligibility?

If a relative has become a U.S. citizen or lawful permanent resident, they may assist in obtaining a waiver for readmission and provide necessary documentation to establish legal presence.

Are there any recent changes that affect the ability to apply for a waiver for readmission?

Yes, important changes have allowed individuals who were previously prohibited from applying for a waiver to now do so, although a provisional waiver does not guarantee a visa or lawful return to the U.S.

List of Sources

1. Understand Your Re-Entry Eligibility After Deportation
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   • New USCIS Memo May Force More Green Card Applicants to Apply from Abroad, Causing Chaos and Confusion - American Immigration Council (https://americanimmigrationcouncil.org/blog/green-card-news-uscis-memo)
   • Can I Re-Enter the U.S. After Getting Deported? (https://ppid.com/blog/can-i-re-enter-the-us-after-getting-deported)
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   • Social and Economic Effects of Expanded Deportation Measures | Baker Institute (https://bakerinstitute.org/research/social-and-economic-effects-expanded-deportation-measures)
2. Identify Factors Affecting Your Re-Entry Timeline
   • How are laws changing for asylum seekers? (https://asaptogether.org/en/law-changes)
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3. Explore Legal Options for Returning to the U.S.
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   • Cómo regresar legalmente a Estados Unidos después de una deportación (https://eaganimmigration.com/how-to-legally-return-to-the-united-states-after-deportation-real-options)
4. Recognize Risks of Illegal Re-Entry Attempts
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   • Fact Sheet: Immigration Prosecutions by the Numbers - National Immigrant Justice Center (https://immigrantjustice.org/blog/fact-sheet-immigration-prosecutions-by-the-numbers)
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