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Returning To The US After Being Deported – Impossible Or Difficult?

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Returning back to the United States of America after having been deported is not only a difficult proposition but it’s also a complicated process. However, that doesn’t mean that it is impossible. Actually a foreign national who has been ousted from the US will find it difficult to get yet another green card or visa that will allow him to reenter the US. But that’s not impossible! The procedures that are involved in reentry following deportation differ based on the reason why the person was expelled in the first place, the number of violations and more. Read on the concerns of this article to know more on the possibilities and complexities of coming back to US after being deported.

Some of the general grounds on which people might get deported.

The different reasons for a deportation usually fall under a few categories. Here are some of them:

  • The alien might have been unacceptable when he first entered the US or he might have adjusted his status and got a green card, or the alien had violated the terms and conditions of the immigration status.
  • The alien may have been charged with any of the different criminal offenses that clearly result in expelling from the country.
  • The alien may appear to be a threat to the nation and to the security of the US
  • The alien failed to register with the immigration authorities when it was required or when the alien forged the required documents.

There are various kinds of waivers for each ground mentioned above, with the exception to some security-related grounds. There is no kind of waiver that can be found for an alien who poses as a security threat. When an alien has been deported due to an aggravated felony, he is most likely to stay out of the US for about 20 years. In case he was removed for a less serious charge, he might have to wait for 5-10 years before he is applicable for a waiver.

Analysis of waiting time for reentry application.

Have a look at some of the typical waiting times for reentry:

Wait for 5 years

  • Aliens those who are deported through removal proceedings initiated upon the arrival of alien in the US
  • Aliens ordered deportation in an expedited removal proceeding

Wait for 10 years

  • Aliens who left the US while a removal order was already pending
  • Aliens ordered removed post a removal hearing before a Judge

Wait for 20 years

  • Aliens who had received removal orders more than once

Permanent Bar on Reentry to the US

  • Aliens who enter the US illegally after having been removed
  • Aliens who were convicted of an aggravated felony

Applying for permission to reapply for reentry.

Now comes the necessity of some vital immigration forms that the alien should file. Following deportation, an alien should file form I-1212 Application for Permission to Reapply for Admission into the United States of America after removal or deportation. You may ask for permission to enter the US after being deported before the required waiting time is complete according to the aforementioned form.

You should submit all paperwork and correspondence with regards to your removal along with the application. You also need to list down the relation that you share with anyone whom you have listed as a relative in Item 18 on the application form.

So, if you wish to return to the US even after being deported from the nation, it’s not impossible but it might be a bit tough. Take into account the above mentioned facts before you take any step.