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Thursday, February 12, 2015

Returning to the United States after Deportation

Each year, hundreds of thousands of individuals are deported from the United States. For many of these people the dream of living and working in the U.S. is far from over. Unfortunately after deportation, the path to reenter and live in the U.S. is incredibly difficult. Depending on the reason for removal and number of violations, a deported individual may have to wait several years before reentry or they may be permanently banned from ever returning to the United States.

If you or a loved one has been removed and now want to return to the U.S., it’s important that you first identify whether or not an Order of Removal was issued. This order will impact your options for reentry. In some cases, you may have been granted voluntary departure (rather than an Order of Removal) which may make the process of returning an easier one.   If you’re unsure of the type of order, you should contact an immigration attorney who can help you obtain your U.S. Citzenship and Immigration Services (USCIS) and Immigration Court Records.

If you do have an Order of Removal against you, you may not be able to re-enter the United States for a set time period ranging from 5-20 years. If a removed individual is perceived as posing a threat to national security or has been convicted of a felony, he or she may be permanently banned from the country.

If you have a new basis on which you are looking to return to the United States (e.g. you have been offered a job with an emerging tech company in Silicon Valley or a relative who can now sponsor you) during the time period that you are ineligible, you may be able to return by filing a waiver request,  Form I-212, “Permission to Reapply For Admission Into the United States After Deportation or Removal” which essentially requests that the immigration authorities consider the new situation and forgive the past removal.  Along with the form, you may be required to submit supporting documentation showing proof of sponsorship or employment, moral character and even evidence of rehabilitation (if you were arrested during your time in the United States).

Depending on the grounds for your removal, you may have to wait a certain length of time before filing the request. An immigration attorney can help you better understand your options, assist with the form and compilation of supporting documentation to ensure have the best chance of successfully reentering the United States.  Call us for a consultation.  

 


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