Deportation, referred to as “removal” in legal terms, occurs when the federal government orders that a non-citizen be removed from the United States. If you were removed from the U.S. because you, for example, overstayed your visa, violated the terms of your status, or committed a serious crime (even if you had a green card), the United States expects you to remain outside its borders for some time to come. To that end, 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.
There is no way to simply reverse your deportation. Nevertheless, in some cases, usually where you have a separate basis upon which to apply for a visa or green card and receive a waiver, it is possible to return before the prescribed period is up.
Once you have been deported, the United States government will bar you from returning for five, ten, or twenty years, or even permanently. The exact length of time depends on the facts and circumstances surrounding your deportation.
According to the U.S. Citizenship and Immigration Services (USCIS), aliens are “inadmissible for the period specified in I.N.A. [Immigration and Nationality Act] Section 212(a)(9)(A), depending on the basis of the prior removal and on how many times they have been removed.
The reasons for deportation usually fall into one of the following four categories:
- The alien was inadmissible when he or she either entered the country or adjusted his status (got a green card), or the alien violated the terms of his or her immigration status;
- The alien was charged with any of various criminal offenses that result in deportation;
- The alien failed to register with the immigration authorities when required, or falsified documents;
- The alien appears to be a threat to U.S. security.
There are different types of waivers for each ground of removal, with the exception of security-related grounds. Following deportation, an alien must file Form I-212 Application for Permission to Reapply for Admission into the United States after deportation or removal. You can ask permission to enter the U.S. after being removed before the required waiting time is complete by filing Form I-212. Depending on the reason for your removal, you will likely also need to submit Form I-601 which is an Application for Waiver of Grounds of Inadmissibility. Form I-212 may remove the prior removal restrictions while, Form I-601 is needed to remove the grounds for removal, i.e., a waiver for a conviction of a crime of moral turpitude.
Returning to the United States following deportation is a complicated process, which requires an alien to prove to the USCIS that he or she is worthy of a second chance. The Deportation Support Services by our experienced immigration support team at SKJ Juris can help prepare all the proper documents as well as help put forth the best case possible for re-entry into the United States. SKJ Juris has expertise in dealing with Deportation cases and can assist US Immigration attorneys by suggesting suitable steps to be taken and also by drafting and preparing the required documentation so as to enable their end clients to remain in/ return to the United States.