In case you have ever wondered if deportation from the US means lifetime inaccessibility to the US. Well, the answer to this question depends on the reason for the deportation.
So, can I return to the US after deportation? The answer is yes you can return to the US after deportation but this depends greatly on the reason why you were deported. In some cases, if the reason is so serious, this might mean a lifetime ban from going to the US. But in other cases, you might be able to return to the US after a set period of time.
How Long After Deportation Can you return to the US?
Depending on the reasons behind your deportation, you have to wait up for some time before you can return to the US. In most cases, you have to wait up 5, 10, or 20 years before you can reapply to be allowed to enter the US. The time varies depending on the reason behind your deportation as shown below:
- Five-Year Ban: The five-year ban applies if you failed to show up in court for your removal hearing. Also, this ban applies if you were found ineligible upon your arrival in the U.S. which then led to your deportation. Likewise, if after you entered the U.S. you were immediately put into removal proceedings which then led to your removal or deportation, you may not be eligible to re-enter into the U.S. for five years.
- Ten-Year Ban: This ten-year ban is applicable if an immigration judge also known as an IJ issued your removal order after a removal hearing. Also, if you depart the U.S. while your removal order was still pending, you might not be able to return to the U.S. for ten years.
- Twenty-Year Ban: the twenty years’ ban is applicable if you have received more than one order of removal. Also, if you were convicted of an aggravated felony you will not be able to return to the U.S. for the period of 20 years. In fact, in some cases if you have committed an aggravated felony, you might be banned permanently from returning to the U.S. Likewise, if you entered to the U.S. illegally after your removal or deportation for more than one year, this might cause you to be permanently barred from returning to the U.S.
Why Do People Get Deported From The U.S.?
Just in case you are wondering why people get deported, here are few of the reasons why people get deported from the U.S.:
- If you fail to obey the terms of your visa. Your visa shows if you are allowed to enter, leave or stay for a specified period of time. Depending on your visa, there are rules you have to follow and failure to do so can lead to a removal order. For example, if you came into the U.S. as a tourist, you are not allowed to work. Doing otherwise attracts implications like deportation.
- If you don’t inform USCIS (U.S. Citizenship and Immigration Services) of a change in address, this might lead to deportation. If you have to change your residential address in the U.S., you have an ultimatum of 10 days to notify the authorities.
- If you have committed a crime. This is one of the most common reasons why people get deported. If you commit a crime, the immigration authorities decide if you will be deported based on the code of conducts in the immigration law.
- If you violate the immigration laws such as participating in a fake marriage or smuggling other non-U.S. citizens into the U.S.
- If you receive public assistance. From the immigration laws, if you have a green card, you cannot receive financial help from the U.S. government. Failure to abide by this law can lead to your deportation.
These are the common reasons why people get deported from the U.S. There a quite a number of other reasons aside this why you might be deported from the U.S.
How Can I Apply For Re-entry Into The U.S. After Deportation?
If you have been deported, there are two ways in which you can re-enter the U.S.
- Using form I-212 to request a re-entry after removal. The form I-212 is known as an application for permission to reply for admission into the U.S. after removal or deportation. Along with a supporting document and a fee, you fill the USCIS form I-212 ask for permission to apply for entry into the United States before the required waiting time is complete. For your application to be considered, you might need to state alongside your applications strong reasons why you should be considered such as family ties, family responsibilities and so on.
- Using form I-601 to request for a waiver of inadmissibility. This form is known as an application for waiver of grounds of inadmissibility. You will need to submit this form alongside with the 1-212 form if you are separately inadmissible to the U.S. The conditions for obtaining the waiver will vary based on the reason behind your deportation.
Note that submitting the form does not guarantee approval as there are a number of factors the U.S. immigration service would consider before your request would be approved. Some of these factors are: the reason for removal, the moral character of applicants, family responsibilities of applicants, need for applicant’s service in the U.S. and so on.
Application to re-enter the U.S. after deportation is a very complicated process. You are advised to involve an experienced attorney to help you with the process. An attorney will help you to understand the restrictions and save you the frustration and stress of having to do it all by yourself.