If U.S. immigration authorities removed you from the country because you, for example, overstayed a visa, violated the terms of your status, or committed a serious crime, the United States expects you to remain outside its borders for some time to come. You will be considered "inadmissible" under U.S. immigration law, and thus not allowed to return to the U.S. for a number of years; or permanently.
Nevertheless, in some cases, usually where someone has a separate basis upon which to apply for a visa or green card and receive a waiver, it's possible to return before the required years are up, as described below.
Can I Legally Enter the U.S. Again Without Waiting the Required Number of Years?
The main steps to bringing about a return to the U.S. are to:
- figure out how many years you are expected to stay outside the U.S. for
- research whether you have some new basis upon which to apply for a U.S. visa (either a temporary, nonimmigrant visa or lawful permanent residence , otherwise known as a green card)
- apply for permission to proceed with your application for a U.S. visa or lawful permanent residence
- apply for any waivers to overcome the effects of whatever past conduct got you deported, then
- actually apply for the U.S. visa or lawful permanent residence.
In any case, you will absolutely need the help of an experienced immigration attorney, to analyze your situation and help you apply for any future immigration benefits. For what to expect regarding payment, see What Immigration Lawyers Report About Their Fees and Free Consultations.
For How Long Will I Be Considered Inadmissible and Barred From U.S. Entry?
Once you have been deported, the U.S. government will consider you "inadmissible" and bar you from returning for five, ten, or 20 years, or even permanently. The exact length of time depends on the facts and circumstances surrounding your deportation. (Most deportees are barred for ten years.) For the details, see the Immigration and Nationality Act (I.N.A.) at § 212(a)(9).
Who is barred for five years: If you were summarily removed or deported when you attempted entry at a U.S. border of other port, based upon a finding that you were inadmissible; or if you were removed or deported after having been placed in removal proceedings when you first arrived in the U.S.; or if you, without reasonable cause, failed or refused to attend or remain an immigration court proceeding or walked out before it was over; you could be barred from returning to the U.S. for five years.
Who is barred for ten years: If an immigration judge (IJ) ordered your removal at the conclusion of a hearing in Immigration Court (even if you did not attend the hearing), you are barred from return to the U.S. for ten years.
Who is barred for 20 years: If you were deported once before and then attempted to reenter the U.S. prior to the expiration of your ten-year period of inadmissibility, an Immigration Court judge could add an additional ten years to your original ten-year ban. (You could also be permanently barred from entering the U.S., as described next.)
Who is barred permanently: If you have been convicted of an aggravated felony, entered the U.S. without permission after being removed (deported), or illegally reentered the U.S. after having previously been in the U.S. unlawfully for more than one year, you can be permanently barred from entering the United States. This isn't quite as bad as it sounds, however, in that you are allowed to apply for a waiver of inadmissibility after ten years.
Can't I Simply Reverse My Deportation?
Just to be clear, there is no way to simply reverse or undo your deportation. If you violated the terms of your visa, for instance, that visa has now been canceled. If you committed a crime, or did something else that makes green card holders deportable, you no longer have U.S. lawful permanent residence.
In rare cases, where there was a miscarriage of justice or new information has come to light, you might be able to have your case "reopened" or "reconsidered."
But more likely, if you plan or hope to come back to the United States, you will need to start from the beginning, by first finding a basis upon which you're eligible for an nonimmigrant (temporary) or immigrant (permanent) visa, and then determining whether you can overcome your inadmissibility in order to successfully apply for it.
How Do I Get Permission to Re-Enter on an Immigrant Visa (Get a Green Card)?
If you wish to apply for admission to the U.S. as an immigrant while the deportation-based bar is still in effect, you might be able to arrange this by first completing USCIS Form I-212. Form I-212, or the "Application for Permission to Reapply for Admission into the United States After Deportation or Removal," is a request that the U.S. government lift the bar early and allow you to go forward with your visa application. Not everyone is allowed to use it; if, for example, you have committed murder or certain other crimes, the I-212 waiver is not open to you.
You will also need to submit various documents that explain and support your case, including records of your removal proceedings. The I-212 instructions list a number of "favorable factors" that you should try to document in support of your case, such as evidence of close family ties in the U.S., hardship to your U.S. citizen or lawful permanent resident relatives or employer or to yourself, your reformation and rehabilitation, how long you were lawfully present in the U.S. and your immigration status during that time, your respect for law and order, your good moral character, your family responsibilities or intent to hold family responsibilities, the absence of significant undesirable or negative factors in your case, your eligibility for a waiver of other inadmissibility grounds, and the high likelihood that you will become a lawful permanent resident in the near future.
How do you show these things? It depends on your case. Most applicants put together a combination of affidavits from their former U.S. employers, church, people who personally know them, medical records, employment records, birth certificates of family members, and more.
For where to file, see the USCIS Web page on Direct Filing Addresses for Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal. You must also pay a fee.
If the USCIS decision is positive, you've cleared the first hurdle, but still have a ways to go. Approval simply means you may move on to the next step: applying for an immigrant visa to the United States.
What If I Am Now Inadmissible: Will I Need Separate Waivers With My Immigrant Visa Application?
If you were deported for any of various reasons, such as having been unlawfully present in the United States or committed a serious crime, Form I-212 will not be enough to get you back in on an immigrant visa. You will also need to apply for a separate waiver of the ground(s) of inadmissibility created by the underlying act or problem.
This will likely involve proving that your being denied U.S. entry would cause "extreme hardship" to a close relative, such as a spouse, parent, or child, who is a U.S. citizen or permanent resident. Extreme hardship to yourself will not be considered. You will need to additionally prepare a USCIS Form I-601 in requesting this separate waiver, and add supporting documents similar to those described above.
How Do I Get a Nonimmigrant (Temporary) Visa to Enter the U.S. After Deportation?
Even if you don't qualify for, or don't succeed in getting a waiver allowing you to apply for a U.S. green card, you might still be able to obtain clearance to apply for a nonimmigrant (temporary) visa. For example, you might wish to apply for such a visa in order to visit or study in the United States.
Getting a waiver of your deportation or other grounds of inadmissibility is procedurally and legally easier for nonimmigrant visas than for immigrant visas. You will primarily be communicating with the U.S. embassy or consulate. The key will be showing that your presence would not harm U.S. interests. See an immigration attorney for details.
Is Illegal Re-Entry to the U.S. a Crime?
If you were deported and later re-enter the U.S. illegally, such as by sneaking across the border, you can be charged with a crime. If you have no previous criminal record, you can still be imprisoned for up to two years. If you do have a previous criminal record, you can be imprisoned for up to 20 years, depending on the seriousness of your previous crimes.
Questions for Your Immigration Lawyer
- I was caught by immigration authorities before, and left the U.S. on my own. Am I considered to have been deported?
- New evidence has turned up showing that I didn't really commit the crime I was deported for. Can I do anything about this now?
- USCIS denied my I-212 waiver. Can I try again?
- I originally got my green card through my U.S. citizen wife. We are still married. Can I reapply for a green card based on this marriage?