Foreigners who are deported from the United States can expect a complicated process if they decide they want to come back. The worst thing a deported immigrant can do is to seek illegal reentry, which in many cases is not necessary. In fact, many foreigners who believe they are not allowed to return to the U.S. are often surprised to learn that there are ways to regain admissible status.
U.S. Citizenship and Immigration Services (USCIS) do not use a single criterion for declaring someone inadmissible. This may occur as a result of removal proceedings in court, or it may be an administrative determination, or it may result from an enforcement action such as an immigration officer denying entry at the border.
A declaration of inadmissible status may be accompanied with a removal order and a ban on reentry. Depending on the reason for removal, the ban may last between five and 20 years. Being convicted of an aggravated felony may prompt a permanent ban.
Some foreigners are surprised to learn that their status is admissible despite having seen a deportation order. Many years ago, the deportation and removal processes were conducted in a way that did not always end up with an inadmissible determination. Nonetheless, these immigrants may have believed that they would be removed and so they left on their own without a reentry ban being ordered.
Reentry after removal is possible in some instances. For example, a relative could become a naturalized citizen, or an employer may offer a job contract. In other cases, a non-immigrant visa may be easier to obtain. However, this would require a waiver process that should ideally be handled through an immigration attorney.
Former immigrants who were permanently banned from returning to the U.S. can actually apply for a waiver before ten years have passed. The USCIS and the State Department will insist on making the ban effective for ten years, but they may issue a waiver that becomes effective after the tenth anniversary.
The process of reentry after removal is carried out by filing a Form I-212, which is eight pages long. Submitting this request does not require the assistance or sponsorship of a relative living in the U.S. The I-212 can be filed in conjunction with the desired visa application, usually a B-2 visa for tourism purposes.
For more information about immigrating to the United States, reach out to KS Visa Law. We are a trusted San Diego immigration law firm and can help you or your loved ones attain citizenship legally. Give us a call today at (858) 874-0711 and schedule a free consultation.