If you are a US resident but are not yet eligible to apply for citizenship, breaking an immigration law may result in receiving a deportation order. Alternatively, you may also be expelled from the country if you have no legal right to reside in the United States and enter the country through illegal means. You may be curious about whether being deported can prevent you from returning to the United States in the future. This article tackles how deportation can affect your chances of returning to the US.
Is Returning To The US Possible After Deportation?
In most cases, you can return to the United States after being deported to your country of origin. But you will need to wait some years before you can try to enter the country again. Remember that the number of years you must wait out depends on the reasons behind your deportation. For example, if you were found guilty of serious crimes, you’ll wait longer than if you were deported for a relatively minor infraction.
How Long Should You Wait Before You Return?
While the set number of years varies from case to case, it’s common for deported individuals to wait for five to 20 years.
Most individuals who are prohibited from entering the US for 20 years were deported due to committing an aggravated felony. Examples of serious crimes classed as aggravated felonies in the country include drug trafficking, child abuse, and rape. Although, individuals can also be permanently barred from the US for the same aggravated felonies. You can also be banned from reentering the United States for 20 years if you have been deported twice.
Suppose you are ordered to attend an immigration hearing and the judge that presides over your hearing issues you with a bag and baggage order. The court will likely bar you from entering the country for ten years. So, if you are ordered to attend an immigration hearing and the judge decides to issue a deportation order, lodge a formal appeal. Try to have your deportation ruling reversed. Otherwise, once you leave the country, you likely won’t be able to return for ten years.
In addition, you might face a ban of five years if you were deported from the United States for trying to enter the country with falsified documents. You can also receive a five-year ban if you are a US resident ordered to attend an immigration hearing and fail to appear at your scheduled hearing. So if you are requested to appear at an immigration hearing, it’s highly advisable to turn up to your hearing with legal representation.
Enter The US Without Waiting For Your Ban To Be Lifted
You may be surprised to learn that entering the United States is possible before your ban expires. For example, if you were deported, you can still apply for a temporary visa, such as a student visa, a work visa, or a permanent visa. You’ll need to apply for a waiver which will permit you to reenter the country legally. It’s important to note that it’s possible that the court will decline your application for a release and that you won’t be able to enter the country until you’ve waited for your ban to expire.
Can You Apply For A Waiver If You Have A 20-Year Ban?
You can still apply for a waiver to reenter the country early. But you must spend at least ten years of your 20-year ban outside of the US to have your application for a release considered.
Voluntarily Leaving Before Deportation May Enable You To Re-enter Sooner
Suppose you are ordered to attend an immigration hearing due to breaking an immigration law that is grounds for deportation. In that case, you will have the choice to leave the country on your own accord voluntarily. However, if you choose this option, you must cover the costs of returning to your country of origin.
There are benefits to leaving the country without being forcibly deported. The most critical is that you’ll likely receive a shorter ban on reentering the country than if you contest your deportation order in court. Even if you cannot pay for your flights to your country of origin, expressing your willingness to leave the country voluntarily will shorten your ban.
When Getting Deported A Second Time
Each time you are deported from the United States, the penalties you’ll pass will become more severe. Suppose you are barred from entering the country for five to 10 years after your first deportation. If you are deported a second time, you’ll likely have to wait 20 years before entering the United States again.
In summary, if you are deported from the United States either for trying to enter the country illegally or for violating immigration law, you’ll likely be able to enter the United States after several years. If you want to return to the United States, it’s well worth contacting an immigration attorney for assistance.
See – How To Avoid Deportation