Ways to Come Back to the U.S. After Removal
Posted on May 15, 2014 9:35am PDT
Whether it was an immigration judge or an airport official who ordered the deportation, if a noncitizen is removed from the United States, he or she cannot reenter the country for five, ten, or 20 years, or perhaps ever, depending on why the removal was ordered. But for many people, reentry is indeed possible. But if the reentry does not follow certain immigration rules, the deportation order could be triggered again, and this time, there would be no chance to speak to an immigration judge about your case beforehand. You could also face the criminal charge of illegal reentry. To avoid all those scenarios, here are some possible ways to reenter the U.S. without a problem. You may not even have to wait the full five, ten, or 20 years either.
Legal Reentry After Deportation Without the Wait
Form I-212 is called "Permission to Reapply for Admission into the United States after Deportation or Removal". Under Form I-212, it is possible to be allowed back into the U.S., even before your time bar is complete. For instance, let's say that an employer wants to hire you for an engineering job, and you could fill out an H-1B visa application. Or let's say that you have a sibling who is a U.S. citizen and your priority date has arrived. If you have a reason for which you could apply for a visa or green card, you might be able to fill out the Form I-212 waiver that asks immigration to set aside the reasons you were removed and let you reenter the country. Other waiver forms may be needed as well.
Other than that, the decision on whether or not to let you reenter or not is largely up to the immigration official looking at your case. Everything is decided on a case by case basis. Some of the factors that officials will consider include and are not limited to:
- Why you were removed
- How long ago you were deported
- How much time you have spent in the U.S.
- Any criminal charges and signs of rehabilitation
- If hardship would be inflicted on anyone if you were refused reentry
This application must be accepted before you can return to the United States.
Otherwise you face the risk of being deported again or even jailed. It is vital that you consult an immigration attorney for advice on how to give yourself the best chances of success in your application. Immigration law is complex, and there are many loopholes and exceptions to navigate. It only takes one misstep to ruin the entire process. Find out if you are eligible for reentry when you call an immigration attorney today!