Can you return after deportation
For such reasons, our Dallas deportation attorneys can explain in what circumstances a person can return to the U. After deportation, you may be allowed to re-enter the U.
If you were deported for a serious crime, you may be permanently banned from reentering the U. Below is a timeline on how long you have to wait to reenter the U. After being deported, you can attempt to return to the U. Other options include coming through a student visa or tourist visa. However, you must first apply for a waiver that asks for forgiveness for previous removal orders before you can proceed with your visa or green card applications.
Reentry procedures following deportation from the U. Of course, if you are planning to apply for reentry to the U. There are different types of waivers for each ground of removal , with the exception of security-related grounds. No waiver is available to an non-citizen found to pose a security threat to the United States. An non-citizen who was removed because of an aggravated felony likely has to stay out of the U. If removed for a lesser charge, the non-citizen might have to wait five or ten years before applying for a waiver.
The severity of the grounds for removal will affect the likelihood of approval for a waiver. Foreign nationals are inadmissible for the period specified in I. Departure while a removal order is still in effect also makes someone inadmissible under I. It makes people who return or attempt to return to the United States without admission inadmissible if they:.
There are different restrictions on reentry depending on the reason for removal and the number of times they've been removed.
The consequences become more severe following each removal. The consequences also vary based on whether people leave the United States before removal hearings or after.
Those who agree to leave the United States before attending removal hearings " voluntary departure " might be allowed to enter the United States sooner in the future than if they fight the removal, participate in removal hearings, and are eventually ordered to be removed.
An alien who would have left the U. If you do, in fact, have a deportation or removal order in your immigration file, it's possible that you aren't allowed to apply to enter the U. Here's a quick summary:. If you were summarily removed or deported upon arrival at a U. The five-year ban also applies if you failed to show up for your removal hearing in the United States.
If an IJ issued a removal order at the conclusion of your removal hearing in Immigration Court, you may not return for ten years after your removal or departure. If you were convicted of an aggravated felony or have received more than one order of removal, you are barred from returning to the U.
And if you entered the U. If you were ordered removed from the U. First, you'll need a basis for applying for a U. Sponsorship by an employer or a family member are possibilities, for example. You might also qualify for a nonimmigrant visa, such as a tourist visa or a student visa. Before you can apply for any of these, however, you would need to apply for a waiver that could "forgive" your prior removal order and give you permission to reenter the U.
Among the factors considered will be:. Your best bet is to hire an attorney who can create a full picture of why you deserve a waiver based on the combined circumstances in your life and immigration case. Under federal law 8 U. You will likely be permanently barred from the United States if you illegally reenter after a prior removal.
Applying to reenter the United States following removal is extremely complicated, and far more difficult than applying to enter the United States for the first time.
An experienced immigration attorney can evaluate the strength of your case and help prepare the necessary forms and documents to ensure the process goes as smoothly as possible. An attorney can also help you understand the restrictions previously imposed by USCIS and save the frustration of filing an application to reenter before you are eligible.
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