Deported from the U.S.? Here’s How You Can Legally Return

Deported from the U.S
Picture of Shawn Sedaghat, Esq.

Shawn Sedaghat, Esq.

If you’ve been deported or removed from the U.S., it may feel like the end of the road. But don’t lose hope just yet! There are legal pathways available that could allow you to return to the U.S. in the future. This guide will walk you through the steps for reentry after deportation and removal from the U.S., including key forms like Form I-212, and how to navigate the process of obtaining a legal immigration status through an immigrant visa with the help of an immigration attorney.

 

Whether you were deported through removal proceedings or you voluntarily left the U.S., there’s a way forward. Let’s find out how to make reentry after deportation and removal from the US possible now!

 

What Happens After Deportation or Removal?

When a person is deported from the U.S., it typically follows removal proceedings in an immigration court, where an immigration judge makes a formal decision to order deportation. The U.S. government issues these removal orders when someone has violated immigration laws—such as overstaying a visa, committing certain crimes, or entering the U.S. without permission.

 

Once deported, it’s not as simple as just deciding to come back. Reentering the U.S. legally after deportation requires a process, paperwork, and, in many cases, waiting out a specific period of time. But don’t worry, we’ll break down everything you need to know!

Reentering the U.S. After Deportation

Reentering the U.S. After Deportation: Is It Possible?

The short answer is yes! You can reenter the U.S. after deportation, but it’s not automatic. You must reapply for admission to the U.S., which includes submitting Form I-212, the application for permission to reapply for admission after deportation or removal. Without filing this form and receiving approval, reentry is not allowed under U.S. immigration law.

 

Reapply for Admission: What Does It Mean?

If you’ve been removed from the U.S., you’ll need to reapply for admission—which is simply the process of formally requesting permission to return to the U.S. This is where Form I-212 comes into play. This form is necessary if you’ve been deported or removed and want to enter the U.S. again legally.

 

Once the immigration authorities receive your application, they will review your case to determine if you should be granted permission to reenter.

Understanding the Different Types of Deportation and Removal

When talking about reentry after deportation, it’s important to understand the different types of removal that you may have faced.

 

1. Voluntary Departure:

Voluntary departure allows individuals to leave the U.S. voluntarily before a formal deportation order is issued. This option is generally more favorable because it does not automatically come with the same reentry bans that a formal deportation carries. However, depending on how long you stayed in the U.S. unlawfully, you may still face barriers to reentry.

 

2. Order of Removal:

If an immigration judge issued an order of removal, reentering the U.S. becomes more complicated. Individuals deported under a formal removal order face reentry bans ranging from 5 to 20 years, depending on their circumstances. For some serious offenses, a permanent ban on reentry may apply.

How to Legally Reenter the U.S. After Deportation

Reentering the U.S. legally after deportation involves several steps. Here’s a detailed breakdown of what you need to do:

 

Step 1: Serve the Reentry Ban (If Applicable)

The U.S. immigration system imposes different reentry bans based on why and how a person was removed. These bans can last:

  • 5 years for individuals who were removed after a short unlawful stay in the U.S.
  • 10 years for those removed after staying in the U.S. unlawfully for over a year.
  • 20 years for repeat offenders or individuals who have been removed multiple times.
  • Permanent ban for people involved in serious criminal activity or those who reentered the U.S. illegally after deportation.

Before reapplying for admission, make sure you’ve served out your reentry ban or seek a waiver if eligible.

 

Step 2: File Form I-212

The most important document in your reentry journey is Form I-212. This is an application to reapply for admission after deportation or removal. Filing this form is mandatory if you’ve been deported and want to come back to the U.S. legally.

To complete Form I-212, you will need to provide details about:

 

  • Your immigration history
  • The circumstances of your deportation
  • Why you are seeking reentry
  • Evidence of good behavior and moral character since your removal

Step 3: Gather Supporting Documents

When applying for reentry, it’s crucial to include supporting documentation that strengthens your case. This could include evidence like:

 

  • Family ties in the U.S., such as a U.S. citizen spouse or children.
  • Proof that you’ve maintained good moral character since your removal.
  • Documentation of hardship your family in the U.S. may face if you are not allowed to return.

These documents show the U.S. government that your reentry is in the best interest of your family and the community.

 

Step 4: Work with an Immigration Attorney

Navigating reentry after deportation can be complicated, and the stakes are high. Working with an immigration attorney ensures that your application is completed correctly and that you meet all the legal requirements. A qualified immigration lawyer can also guide you through the immigration court process if necessary and help address any legal hurdles you may face.

 

Step 5: Wait for a Decision

Once you’ve submitted Form I-212, the waiting game begins. Processing times can vary, and the U.S. Citizenship and Immigration Services (USCIS) will review your case before making a final decision. In some cases, you may be asked to attend a hearing before an immigration judge to explain your case in more detail.

Become Adequately Informed About The Risks And Bars That Deportation Can Lift For An Immigrant In Immigration Trouble

Overcoming the Reentry Bar After Deportation

The biggest challenge when seeking reentry is overcoming the reentry bar that comes with deportation. The U.S. government imposes these bars to prevent individuals from reentering too quickly after being removed.

 

In some cases, you may qualify for a waiver of inadmissibility, which can reduce or eliminate the reentry bar. This is often available if you can prove that your deportation has caused significant hardship to your U.S. citizen family members or that your return would serve a humanitarian purpose.

 

What Is Exclusion, Deportation, or Removal?

These terms are used to describe different types of deportation situations:

 

  • Exclusion: When a person is denied entry to the U.S. at a port of entry.
  • Deportation: When a person is formally removed from the U.S. after violating immigration laws.
  • Removal: The official term used for deportation today, describing the formal process of expelling an individual from the U.S.

If you were subject to exclusion, deportation, or removal, you’ll need to follow specific steps to regain legal status and enter the U.S. lawfully.

 

How Long Does It Take to Reenter the U.S. After Deportation?

The time it takes to reenter after deportation varies depending on your case. Typically, it involves serving out the reentry ban, filing Form I-212, and waiting for the U.S. government to review your application. In some cases, you may need to attend additional interviews or hearings.

 

The process can take months to years, depending on factors such as the complexity of your case and the type of removal order you received.

 

Conclusion

Getting deported from the U.S. is a serious situation, but it doesn’t have to be the end of the road. With the right approach, you can reapply for admission and work towards returning legally. The key is understanding the steps involved, filing Form I-212, and working closely with an immigration attorney to guide you through the process.

 

While it’s not an easy journey, persistence and the right legal help can make reentry possible. If you’ve been deported or removed, start the process of reentry today by exploring your options and consulting an experienced immigration lawyer.

FAQs

1. How long is the reentry bar after deportation?

The reentry bar depends on your specific situation. For most cases, it is 5, 10, or 20 years, but some offenses can result in a permanent bar. Consult an immigration attorney for personalized advice on your reentry options.

 

2. What is Form I-212?

Form I-212 is an application for permission to reapply for admission into the U.S. after being deported or removed. It is required to seek reentry legally after a removal order.

 

3. Can I reenter the U.S. before my reentry ban is over?

In some cases, you can apply for a waiver of inadmissibility, which may allow you to return to the U.S. before your reentry bar expires. Speak with an immigration lawyer to explore your options.

 

4. What documents do I need to support my Form I-212 application?

You will need to provide supporting documentation, such as proof of family ties in the U.S., evidence of good moral character, and any hardships your family may face if you are not allowed to return.

 

5. Should I hire an immigration attorney for my reentry application?

Yes! Hiring an immigration attorney is highly recommended. The reentry process can be complex, and an attorney can help ensure your application is completed correctly and improve your chances of success.

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