Coming back to the United States after you are deported is difficult and complicated, but it is possible. Reentry procedures after a foreign national is deported from the U.S. will vary depending on why the individual was deported, the number of violations, etc. Individuals planning to apply for reentry will need to have a solid basis for their application, which would mean wading through eligibility requirements for a visa or green card. But once a basis for reentry is identified, the wait time would depend on the grounds for deportation.
There are a number of reasons for deportation, but most fall in one of four categories: 1) the foreign national was inadmissible when they entered the U.S. or adjusted their status (got a green card), or otherwise violated the terms of their immigration status, 2) the foreign national was charged with any of various criminal offenses that result in deportation, 3) the international national failed to register with the immigration authorities when required, or falsified their documents, or 4) the foreign national appears to be a threat to national security.
Each ground of removal comes with different types of waivers, with the exception of security-related deportations. There are no waivers for a foreign national who poses a security threat. Foreign nationals who get deported in response to an aggravated felony conviction will likely be required to stay out of the U.S. for 20 years. Lesser charges would result in waiting 5-10 years before applying for a waiver. The likelihood of the waiver’s approval depends on the severity of the grounds for deportation. There are also different restrictions on reentry depending on the number of times a person has been deported. The consequences escalate following each deportation.
Another factor that can affect the consequences of deportation is whether or not the foreign national leaves the country before removal hearings or after. By agreeing to leave the country before attending removal hearings, the foreign national could improve their chances of being allowed to reenter the United States sooner in the future in comparison to the possibilities if they fight the removal, participate in removal hearings, and are eventually ordered to leave the country. Returning to the U.S. after being deported is complicated and requires that a foreign national prove that they are worthy of another chance.
Working with an experienced immigration attorney can significantly improve your chances of being successful. Get in touch with Aronow Law PC today so we can help you prepare the proper documents and put forth the best case possible for reentry into the United States.