Useful Tips On Re-entry For The United States Deportees

Introduction

One of the most terrible things that could happen to an immigrant is getting deported. It rips families apart and 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 one would not be in a position to regain their 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 lawyer in Arlington, TX, can guide you through these considerations.

Well, in most cases, yes, you can come back to 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 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 upon the reason for your removal. If you were removed based upon conviction of some serious crime, then you are likely going to have to wait longer than some individual who was removed for less serious reasons. An immigration lawyer in Arlington, TX 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 situation 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 immigration status, and disregards 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 lawyer in Arlington, TX.

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 he 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 some mistake was 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 lawyer in Arlington, TX, can help you provide these explanations.

How long one must 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, abused 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 lawyer in Arlington, TX, 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 a period of 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 lawyer in Arlington, TX, 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 lawyer in Arlington, TX, can assess your suitability for a waiver.

Even if you have been banned for 20 years, one 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 lawyer in Arlington, TX 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 a visa that is available, 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 lawyer in Arlington, TX 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 lawyer in Arlington, TX, 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 really 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!