One of the most terrible things that could happen to an immigrant is being deported. It rips families apart, separates couples, kids from their parents, and siblings from each other. It can get in your head and mess with you emotionally. Well, if you were a foreign national who had been deported from the US, chances were that you would not be in a position to regain your visa or green card for re-admission. That doesn’t mean you have run out of luck. You might be allowed to re-enter the US, but that would depend on a number of factors: the reasons for your removal, how many times you have violated the rules, and so on. An immigration attorney in San Antonio can guide you through these considerations.
Well, in most cases, yes, you can come back into the US if you were removed to your country of origin. But again, it is likely tougher to get a visa or green card back into the US. Maybe in several years, you could apply for it.
Generally speaking, the government will determine the time one cannot re-enter, which is called the inadmissibility period, and this can be a certain time, such as 5 to 10 years, or even a lifetime ineligibility.
But remember that the waiting time is based on the reason for your removal. If you were removed based on conviction of some serious crime, then you are likely going to have to wait longer than an individual who was removed for less serious reasons. An immigration attorney in San Antonio can help clarify the reason for your deportation.
Though deportation is a major issue, it doesn’t mean one gives up on their dream to stay in the US. The process for getting back into the country after being deported varies in situations and how many times one has violated rules, among other factors.
This post is here to help you understand some important things you need to know in case you plan to come back to the US after being deported.
Why does deportation happen?
There are many grounds for which one gets excluded from the US; the following are the top reasons:
- Entry contravenes the law, changes of immigration status, and disregard for the immigration status rules.
- Break the law and get into legal trouble that can lead to deportation.
- Failure to follow the rules because you failed to register when you should or faked having documents.
- You are a possible threat to national security.
There are various kinds of exceptions from each of these, except for the one about being a security threat. One labeled a threat to national security does not get a waiver. Learn more about these reasons by speaking with an immigration attorney in Texas.
If this is due to a serious crime, one may be barred from entering the US for as long as 20 years. If it is due to a minor one, then one may have to sit it out for 5 to 10 years before one can even begin to contemplate seeking a waiver. That just depends on the nature of what you did.
What happens when you are deported?
If you get deported, you are not allowed back in. If you get convicted or do an act that makes you deportable, the visa is lost. A green card holder who commits crimes will lose permanent residence status in the United States.
That is pretty rare; you might be able to fight your case and have it looked at again, in case there was some mistake made against you or some new evidence comes up that helps your case.
Most of the time, to come back to the US, you have to start all over again. You are supposed to prove your eligibility for a visa, either to come as an immigrant or as a non-immigrant, and find a way to explain why you should be readmitted. An immigration attorney in Texas can help you provide these explanations.
How long must one wait to re-enter the US?
It is contingent on the situation, but most individuals wait 5 – 20 years before they can return. For the most part, if you are not allowed into the US for 20 years, it is usually because you did something really bad, like drug trafficking, abusing kids, raped, etc.
For these crimes, you might even face lifetime bans. If you are excluded more than once, you may have to wait 20 years before re-applying. You should check with an immigration attorney in Texas before you reapply.
Well, what happens if you have to go to court and the judge disallows your entry? In most cases, the court will bar entry to the US for at least 10 years.
If anyone tells you to go to court for some immigration problem, and then the judge tells you, “You are not allowed to come back,” fight it by all means. Once you are out of the US, it can get pretty hard to get back into the US for at least 10 years. An immigration attorney in New York can help you explore great options to fight a deportation order.
If, on the other hand, you were deported for having entered the US using fraudulent documents, then you could be facing a 5-year bar. Again, if you are a US citizen who failed to appear at your immigration hearing, you also fall under the 5-year bar.
The waiting period can be bypassed.
Difficult as it may sound to believe, it could be possible to re-enter the US before your bar has expired. For example, in case one gets deported, they can still be allowed to get a temporary visa, like a student visa, a work visa, or an immigrant visa.
Of course, for this, one needs to apply for a waiver. Remember, the court can reject your application, and you won’t be allowed to come back until your inadmissibility bar has expired. An immigration attorney in New York can assess your suitability for a waiver.
Even if you have been banned for 20 years, you can still ask to return. However, to consider your request seriously, you will have to have lived outside the US for at least 10 of those 20 years.
How to get back into the US after being deported?
If a family member gets deported, you might wonder if they will ever be able to come back to the US. Usually, the answer is yes, but it depends on why they were deported and how hard it is going to be for the family.
Since there are many reasons someone might be deported, from staying past their visa to committing a serious crime, it is tough to give a simple answer to a very specific question. It is a smart move to get a good immigration attorney in New York to look over your situation and see if you can get back into the US.
The first step to getting back into the US is to have an available visa, usually because someone in your family or your employer has petitioned for it. A visa also needs to have a date that lets you apply for a visa to come to the US right away.
It is worth noting that both people who want to stay in the US and those who want to visit can start this process. But, generally, the rules for staying are different from those for getting a visa after being deported. Whether you can get a visa depends on your specific situation.
Before you can apply for a visa, you will need to fill out a waiver. A waiver lets you skip over your deportation order. Basically, it means you can come back to the US with a visa or a green card.
- The place of a waiver.
Most of the time, you will have more than one waiver option for getting a visa. This is because you might need different waivers depending on your situation. The law offers different waivers for different crimes. Usually, someone who is facing deportation will need a waiver that is specific to their case.
These waivers are also time-sensitive. So, if you wait until the legal deadline passes, you might not need a waiver to come back after that. You might also need another waiver.
This usually means you are trying to get over the reason you were deported. A second waiver can cover a lot of different immigration issues, including crimes, fraud, and lying.
To get a second waiver, you will need to show that your spouse, parent, or child of an American citizen (and, in some rare cases, your kids) would face extreme hardship if you didn’t come back.
There are other, less common waivers for immigration issues that an immigration attorney in New York can help you with.
Get help!
Getting back into the US after being deported is a tricky journey. You need to show the US government that you deserve a fresh start here.
A skilled immigration attorney in San Antonio can guide you through all the needed paperwork and make a strong case for coming back to the US.
At Gehi and Associates, we are all about helping our clients get through tough immigration situations. We get how complicated it is to help people who have been deported come back to the US.
Reach out to us today to find out how you can come back to the US!
FAQs for an Immigration attorney in San Antonio:
- What is deportation from the United States?
Deportation is when you have been instructed to depart from the United States because you broke immigration regulations/laws, or for other reasons.
- Am I permitted to come back to the United States after deportation?
Yes, you are, but you need to undertake specific lawful procedures. Returning is not easy, and not everybody can do so.
- How long should I wait before trying to return?
Waiting differs according to the reasons for deportation. You may have to wait a few years in some cases, while in others, 10 years or more.
- What is a waiver, and do I need one to return?
Waiver is the law by which your past issues are pardoned. Most people need waivers to re-enter the US after deportation.
- Can an immigration attorney in San Antonio help my case?
Yes. The immigration attorney in San Antonio will advocate for you, inform you of your options, and help you with all of the forms.
- What do I need to start the process?
You will need your deportation papers, identification, and copies of documents showing family or work ties in America.
- Do I need to pay to re-enter the United States when deported?
Yes, there is a government fee and an attorney’s fee. The fee depends on your case.
- How long does it take?
It can take a few years or a few months, depending on the immigration office workload and your case.
- Can my family sponsor me back into the country?
Family members will help if they are residents or US citizens. They can sponsor you.
- What happens if my re-entry application is denied?
If you are rejected, you can appeal with the help of your immigration attorney in San Antonio. Also, you can try to re-enter the US at a different time or look for options.
