Returning to the US after Deportation: Is it Possible?

Returning to the US after Deportation: Is it Possible?

First of all, if you have been deported from the country I do not advocate that you attempt to re-enter it illegally. All may appear to be hopeless but indeed they may not be. Re-entry into the country after you have been deported is difficult but it is not impossible depending on the reason(s) you were removed in the first place. In most cases, an alien may not return to the United States after she/he has been ordered removed for a period of 10 years. Let’s look at the reasons you may be deported and the process for legally re-entering the country.

Before an immigrant is allowed to re-enter the country after he or she has been deported he/she needs to file an I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal. Only if this waiver is approved may the deported person be allowed to re-enter the U.S. In some cases, however, if someone is deported in absentia that person may file a motion to rescind the in absentia order even if they are out of the United States. If the motion is approved, the individual may then return to the United States to begin newly reopened deportation proceedings.

Typical Reasons People Get Deported

  • The alien violated the terms of his or her immigration status.
  • The alien was charged with any of various criminal offenses that result in deportability
  • The alien failed to register with the immigration authorities when required
  • The alien falsified documents
  • The alien appears to be a threat to U.S. security.

Who is Eligible to Submit a Form I-212 request?

  • Only certain categories of people can apply for the I-212. This includes:
  • People who were previously removed from the U.S. or ordered removed but voluntarily left the country,
  • People who have entered the U.S. unlawfully after a prior removal order or deportation
  • People who were present in the U.S. for at least one year without authorization

Things USCIS Considers when Determining Whether an I-212 Should be Approved

  1. The basis for deportation
  2. Recency of deportation
  3. Length of residence in the U.S.
  4. Moral character of the applicant
  5. His respect for law and order
  6. Evidence of reformation and rehabilitation
  7. Family responsibilities of applicant
  8. Inadmissibility to the U.S. under other sections of law
  9. Hardship involved to himself and others
  10. The need for his services in the U.S.

Of course, the wisest strategy is to avoid deportation at all costs. Generally, this is less difficult that attempting to re-enter the country once you have been deported. Therefore, if you have a deportation order and are facing removal from the country then you will need an immigration attorney in Van Nuys who can help you. You can attempt to do so yourself but you shouldn’t. My years of experience with immigration rights in Los Angeles can help you push back against a system that is overcomplicated.

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