Deportation, also called removal, is the process by which an immigrant is removed from the United States. Deportation steps are taken when an immigrant is found to be in the U.S illegally. Entering the U.S. after deportation is very difficult. In most cases, it will take many years before you may be allowed to apply to reenter the country. The immigration process can be quite complicated, so it is helpful to seek assistance from a qualified immigration lawyer before you proceed.

Determine Your Status

It is important to know whether you left the U.S. voluntarily, or were deported. If you were ordered to be deported, but left the U.S. on your own prior to your deportation date, you may have been granted a voluntary departure. If you received a deportation order but stayed past the deadline, you were not in compliance, and therefore will likely be considered deported. You or your immigration attorney should check the status of your case to determine how to proceed.

Reason for Deportation

In order to have any chance of reentry to the United States, you must resolve all issues that caused your removal. Some of the common reasons for removal include:

  • Past Deportation
  • Criminal Conviction
  • Were in the U.S. Unlawfully
  • Committed Immigration Fraud

Generally, a waiver of inadmissibility is required for each reason for removal. In some cases, individuals may have been removed for more than one cause. Each of these must be addressed with a waiver. A waiver grants special permission to an immigrant. Unfortunately, waivers are not easily granted, and are not allowed for certain types of removals.  For example, some types of criminal convictions cannot be overcome with a waiver. It is essential that you discuss your case with a qualified immigration lawyer to determine whether a waiver may be possible.

Application for Permission to Reapply

Those who were previously deported must first submit an application for permission to reapply for admission to the United States. This application is called form I-212. The applicant must first submit this form, along with proper documentation, before they can even apply for readmission. The USCIS, U.S. Citizenship and Immigration Services, will review your application and if accepted, you will be notified through a form G-1145, notification of application/petition acceptance. You must then provide this form, along with your visa application, proving that you are allowed to reapply for a visa.

 

This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Entering the U.S. after Deportation, or other Immigration Law matters, please feel free to contact Phil D. Ortega at  480.461.5330, log on to udallshumway.com,  or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.