Before understanding how to get back to the United States after deportation, it is important to know what deportation entails. This return to the U.S. after deportation guide will actively help you navigate the complexities, uncover legal pathways for return, outline required steps, and identify influential factors, empowering you to make informed decisions and take control of your situation.
The Basics of Deportation and Inadmissibility
The rules for individuals that are not citizens of the U.S.
Authorities actively prohibit individuals deported to another country from returning at will, with the specific restrictions on their re-entry dependent on the reason for their deportation and the presence of a criminal history, which determines the extent of their inadmissibility. This time they can’t come back could be five to twenty years be lifetime or even be eternity.
Reentering the U.S. Illegally: Risks and Consequences
It is extremely dangerous to try to come back to the U. S. again, once a removal order has been issued. This action may lead to cancellation of the removal of the order and immediate deportation once the authority gets a clue. Moreover, those who are involved with reentry may also incur federal criminal charges which add to their problem.
Seeking Legal Reentry
If you find yourself in a situation where you’ve been caught after an illegal reentry, there are still options for seeking legal reentry to the United States. The process involves applying for permission to return, provided you have separate grounds for requesting U.S. entry.
The Role of Form I-212
To initiate the process of legal reentry, one must submit Form I-212, also known as “Permission to Reapply For Admission Into the United States After Deportation or Removal.” This waiver request serves as a vital tool to request that immigration authorities overlook your prior removal and grant you a second chance at entry.
Eligibility for Form I-212
Form I-212 assesses eligibility on a case-by-case basis, evaluating individual circumstances rather than adhering to specific standards or requirements like other immigration processes. Some of the factors taken into consideration include:
- The reason for your deportation
- The time since your removal
- Your duration of residence in the U.S.
- Your criminal history, if any
- Your commitment to obeying the law
- Evidence of rehabilitation, if applicable
- Family ties and obligations
- Any additional grounds for inadmissibility
Your contributions to the U.S. economy and society, if applying for a work visa
When submitting Form I-212, it’s crucial to provide a well-documented statement that addresses these factors, demonstrating your eligibility and your commitment to being a productive and law-abiding member of society.
Additional Waivers: I-601 and I-192
While Form I-212 addresses the inadmissibility resulting from your removal order, it may not be the sole waiver needed in your situation. If your deportation involved separate grounds of inadmissibility, you might also need to apply for either an I-601 or I-192 waiver, depending on your visa category.
- The I-601 waiver is for those applying for an immigrant visa to live permanently in the United States.
- The I-192 waiver is for those seeking a nonimmigrant visa to stay temporarily in the United States.
Legal Pathways for Reentry
- Form I-212 Application:
- Individuals who have been deported must file Form I-212, which is an application for permission to reapply for admission into the United States after deportation or removal. This form allows individuals to request that the government overlook their inadmissibility due to prior removal.
- The eligibility to file this form depends on the specific circumstances surrounding the deportation, including the reason for removal and any applicable waiting periods.
- Waiting Periods:
- Depending on the reason for deportation, individuals may face different waiting periods before they can apply for reentry:
- 5 years if deported for certain non-criminal reasons.
- 10 years for more serious violations, such as certain immigration offenses.
- Permanent bar for those removed due to aggravated felonies or repeated immigration violations.
- Depending on the reason for deportation, individuals may face different waiting periods before they can apply for reentry:
- Waivers of Inadmissibility:
- In some cases, individuals may also need to apply for additional waivers (Form I-601 or I-192) if they are inadmissible for reasons beyond their deportation order. These waivers are based on different eligibility criteria depending on whether the applicant seeks immigrant or nonimmigrant status.
- Favorable Factors:
- To strengthen their application, individuals should provide evidence of rehabilitation, good moral character, and strong ties to the U.S., such as family connections or employment opportunities. Documentation supporting these claims can significantly impact the outcome of their application.
- Motions to Reopen or Reconsider:
- If an individual was deported after a removal hearing, they may file a motion to reopen their case within 90 days of the final order or a motion to reconsider within 30 days. If they were deported in absentia (without being present at their hearing), they could file a motion to rescind that order at any time if they can show a lack of notice.
Important Considerations
- Legal Representation: Given the complexities involved in immigration law, it is advisable for individuals seeking reentry after deportation to consult with an immigration attorney who can provide guidance tailored to their specific situation and help with filing necessary forms.
- Consequences of Illegal Reentry: Attempting to reenter the U.S. without permission can lead to severe legal consequences, including criminal charges and reinstatement of previous removal orders.
A Complex Process Requiring Professional Assistance
Navigating the intricate path to legal reentry to the United States can be daunting. Given the complexity of Form I-212 and potential additional waivers, seeking professional guidance from an immigration attorney is highly advisable. An experienced attorney can help you compile the necessary documentation, craft a compelling statement, and navigate the intricate web of immigration regulations.
In conclusion, re-entering the United States after deportation is a multifaceted process with various legal aspects to consider. It’s essential to approach it with a clear understanding of your options, eligibility, and the potential consequences of illegal reentry. By following the proper legal procedures and seeking professional assistance when needed, you can increase your chances of successfully returning to the U.S. and re-establishing your life in this diverse and dynamic nation.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your return to the U.S. after deportation straightforward and successful. Whether you’re seeking a waiver or navigating the reentry process, we handle every step—from evaluating your case to preparing your application and 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 Return to the U.S. After Deportation. Call us today at +234 812 5505 986 to learn how we can assist you.
