Getting a Cancellation of Removal in the U.S. immigration proceedings can be extremely important for a person. This official decision-making from the Immigration Court (EOIR) allows individuals to legally remain in the U. S. This legally reenter the U.S. guide, specific attention will be paid to what follows and what people expect after being given Cancellation of Removal.
Reentering the United States after deportation from Nigeria involves a complex legal process, which is governed by specific immigration laws and regulations. Here’s a structured overview of the steps and considerations involved:
Understanding Deportation and Inadmissibility
- Deportation Consequences: When a foreign national is deported, they are typically barred from reentering the U.S. for a specified period, which can range from 5 to 20 years, or even permanently, depending on the grounds for their deportation. The waiting period is influenced by factors such as:
- The reason for deportation (e.g., criminal convictions, immigration violations).
- Whether the individual has been deported multiple times.
- Illegal Reentry: Attempting to return to the U.S. without permission after being deported constitutes illegal reentry, which is a federal offense under 8 U.S.C. § 1326. This can result in severe penalties including fines and imprisonment.
Steps to Legally Reenter the U.S.
- Determine Eligibility for Reentry: Before applying for reentry, assess your eligibility based on the reason for your deportation and the applicable waiting period:
- 5-Year Bar: For certain violations or if you left voluntarily.
- 10-Year Bar: For deportations ordered by an immigration judge.
- 20-Year Bar: For those who attempted to reenter illegally after a previous removal.
- File Form I-212: To request permission to reapply for admission into the U.S., you must submit Form I-212, Application for Permission to Reapply for Admission After Deportation or Removal. This form allows you to ask U.S. Citizenship and Immigration Services (USCIS) to overlook your previous removal.
- Supporting Documents: Along with Form I-212, include documentation that supports your case, such as:
- Evidence of rehabilitation (if applicable).
- Proof of good moral character.
- Family ties in the U.S.
- Supporting Documents: Along with Form I-212, include documentation that supports your case, such as:
- Consider Additional Waivers: Depending on your circumstances, you may also need to file Form I-601, Application for Waiver of Grounds of Inadmissibility, especially if your deportation was due to a criminal conviction or other inadmissibility grounds.
- Consult an Immigration Attorney: Given the complexities of immigration law, it is advisable to seek legal assistance from an immigration attorney who can guide you through the application process and help prepare necessary documentation.
Proving Your Status as a New U.S. Resident
The next intervention after receiving a Cancellation of Removal is the evidentiary challenge to demonstrate a change of status to a lawful U. S. resident.
The United States government issues a lawful permanent resident card, commonly known as a green card (Form I-551), as concrete proof of an individual’s legal status and actively serves as a vital document for residents to demonstrate their authorized presence in the country.
Green Card Validity
The validity of your green card depends on your immigration status before you apply for Cancellation of Removal. If you were already a lawful permanent resident (LPR) before and your green card has a future expiration date, it continues to be valid proof of your legal permanent residency post-cancellation of Removal.
However, if your green card expired during your removal proceedings, you will need to apply for a new one using USCIS Form I-90 and pay the relevant filing fee. Along with your application, include a copy of the judge’s order granting Cancellation of Removal as proof of your eligibility for this renewal.
Undocumented Status
For those who were undocumented aliens before being granted relief, obtaining a green card may take several years. There is an annual statutory limitation on Cancellation of Removal cases, with only 10,000 grants available each year. This means that other applicants who received relief from an immigration judge before you may still be in line to receive their green cards.
You will have to wait until you fall within the 10,000 limit for a particular year before your green card arrives in the mail. However, during this waiting period, you are eligible to continue renewing your work permit (EAD) and working in the U.S. with authorization, using Form I-765 for this purpose.
International Travel After Cancellation of Removal
After being granted Cancellation of Removal, you may be eager to travel internationally. However, before embarking on any trips outside the United States, it’s essential to ensure you have the appropriate documentation for your return.
Documentation Requirements
A judge’s order granting Cancellation of Removal, while crucial, is not sufficient documentation for international travel. To re-enter the United States, you will need the following:
- A physical green card (Form I-551) or an I-551 stamp in your passport.
- A valid passport from your home country.
- If your green card was still valid when you received the Cancellation of Removal, you can use it for international travel without any issues. However, remember that despite your legal permanent resident status, your citizenship remains unchanged. Therefore, you must also possess a valid passport from your home country for international travel.
Eligibility for U.S. Citizenship
A grant of Cancellation of Removal does not alter the requirements for applying for U.S. citizenship. Whether you were a green card holder who retained your residency or an undocumented individual who gained legal status, the eligibility criteria remain consistent.
Citizenship Requirements
To become eligible for U.S. citizenship, you must fulfill the following criteria:
- Spend a specific number of years in the U.S. as a lawful resident.
- Maintain physical presence in the United States for at least six months of every twelve.
Demonstrate good moral character.
Once you meet these requirements, you will need to complete and submit Form N-400, Application for Naturalization. Subsequently, you will be scheduled for an interview and required to pass exams covering English and Civics.
Conviction and Cancellation of Removal
If you were a legal permanent resident who was convicted of a crime but ultimately granted Cancellation of Removal, it is advisable to pursue U.S. citizenship as soon as you become eligible. This step can help mitigate potential issues upon your return to the United States after international travel. Customs and Border Protection (CBP) may query you due to your criminal history, but U.S. citizenship can often resolve such concerns.
Legal Implications of Criminal Convictions
It’s essential to be aware that many types of crimes can make an immigrant deportable. To protect your newly acquired immigration status in the United States, it is crucial to comply with U.S. laws to avoid finding yourself in removal proceedings again.
Getting Legal Assistance
Navigating immigration law can be tough, especially after getting a Cancellation of Removal. To protect your new status in the U.S., it’s best to hire an experienced immigration attorney.
In conclusion, Cancellation of Removal offers new opportunities for those seeking legal status in the U.S. It’s crucial to understand the process and requirements for maintaining your status. By following the right steps to legally reenter the U.S. and getting legal help when needed, you can confidently move forward as a lawful U.S. resident.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the US straightforward and successful. Whether you’re seeking guidance on how to Legally Re-enter the U.S., or applying for a Tourist Visa (B-2), or Student Visa (F-1 or M-1), we handle every step—from preparing your application to gathering the required documents.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients Legally Reenter the U.S. Call us today at +234 812 5505 986 to learn how we can assist you.
