If you’re trying to come back to the United States after being deported, it can be a complicated and difficult process. However, it’s not impossible. The rules or procedures that must be followed after you’ve been deported depend on the number of violations and the reason you were deported in the first place. To even be able to get back into the United States, you’ll need to be eligible for a green card or visa.
Typical Reasons for Deportation
First, let’s cover the reasons why you might have been deported in the first place. The most common reasons a person is deported is because:
1. You Entered the United States Illegally – By violating the terms of your visa, or entering the country illegally, you make it hard to be considered for re-entry. If you only entered illegally once, for less than six months, you might be able to establish a special case. However, if you were here illegally for more than one year, it will be challenging to develop your case. Every case is different, so it’s important to talk to an immigration lawyer about your specific situation to find an appropriate solution.
2. You Were Charged with A Crime - If you break the law, you will still have consequences to pay. If you’ve committed a crime such as murder, possession of drugs, human trafficking, etc., you are not likely to be re-admitted to the United States.
3. You Are a Threat to U.S. Security – The United States doesn’t think you are safe to stay in the country, this could be for a crime you committed or suspicious activity.
4. You Falsified Documents, or Failed to register with Immigration
Depending on your situation, there are waivers you can fill out to appeal your removal from the United States. This does not apply if you are a security threat to the United States. However, depending on which one you violated, you may have to wait a certain amount of years before being granted reentry. The typical times are as follows
Five Years: Removed upon arrival in the U.S. or removed through an expedited removal proceeding
Ten Years: Removed after a removal hearing in front of an Immigration judge, or departed the U.S. while an order of removal was pending
Twenty Years: If you’ve been removed more than once from the United States
Permanent Ban: If you were part of an aggravated felony, or if you’ve reentered the U.S. after being deported.
How to Apply for Permission
After you’ve been deported, you’ll need to fill out the Form I-212. This form is an application for permission to reapply for entry in the United States following your deportation. However, each case can be unique, so if you have a special exception, you may be able to file sooner than the average reapplication times. If you’re confused about the filing process or want to ensure that you’re doing everything the right way to avoid being denied or having to resubmit your paperwork, contact an experienced immigration lawyer today.