Can You Legally Come Back To The U.S After Getting Deported
If you are a U.S resident but are not yet eligible to apply for citizenship, if you break an immigration law there is a possibility that you may receive a deportation order and may be forcibly deported from the United States. Alternatively, you may also be deported from the country if you have no legal right to reside in the United States and entered 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. To discover how deportation can affect your chances of returning to the United States, simply continue reading.
So, Can You Legally Come Back To The U.S After Being Deported?
In most cases, you can return to the United States after being successfully deported to your country of origin but you will need to wait for a set number of years to pass before you can try to enter the country again. Keep in mind that the number of years which you’ll be expected to wait out depends on the reasons behind your deportation.
For example, if you were found guilty of serious crimes, the number of years which you’ll be required to wait will be higher than if you were deported for a relatively minor infraction.
How Many Years You May Need To Wait?
While the set number of years varies from case to case, it’s not uncommon for deported individuals to be made to wait for five, ten, or twenty years.
Most individuals who are prohibited from entering the United States for a period of 20 years were deported due to committing an aggravated felony. Examples of serious crimes which are classed as aggravated felonies in the United States include drug trafficking, child abuse, and rape. Although individuals can also be permanently barred from the United States for the same aggravated felonies. You can also find yourself banned from reentering the United States for 20 years if you have been deported from the United States on not one but two separate occasions.
A large number of deportees are banned from revisiting the country for a set period of 10 years. As if you are ordered to attend an immigration hearing and the judge that presides over your hearing issues you with a bag and baggage order which is essentially a deportation order, it’s highly likely that you’ll be barred from entering the country for 10 years. For this reason, if you find yourself ordered to attend an immigration hearing and the judge decides to issue a deportation order, it’s in your best interests to lodge a formal appeal in order to try and have your deportation ruling reversed. Once you leave the country, it’s highly likely that you won’t be able to return for 10 years.
Lastly, you’re likely to face a much shorter ban of five years if you were deported from the United States for trying to enter the country with falsified documents and were immediately sent back to your country of origin. You can also be issued a five-year ban if you are a U.S resident that is ordered to attend an immigration hearing and fail to turn up to your scheduled hearing. So if you are ordered to appear at an immigration hearing, it’s highly advisable to turn up to your hearing with legal representation.
How To Enter The United States Without Waiting For Your Ban To Be Lifted
You may be surprised to learn that it’s actually possible to enter the United States before your ban expires. For example, you can still apply for a temporary Visa such as a Student Visa or a Work Visa, or a permanent Visa if you were previously deported from the country. You’ll just need to apply for a waiver which will effectively give you the permission which you’ll need to reenter the country legally. It’s important to note that it’s possible that your application for a waiver will be declined 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?
Yes, you’ll still be able to apply for a waiver to reenter the country early but you must spend at least 10 years of your 20-year ban outside of the United States, in order to have your application for a waiver considered.
Voluntarily Leaving The Country Before Deportation May Enable You To Re-enter Sooner
If you are ordered to attend an immigration hearing as a result of breaking an immigration law that is cause for deportation, you will have the choice to voluntarily leave the country on your own accord. However, if you choose this option, you’ll need to cover the costs of returning to your country of origin yourself. There are benefits of leaving the country without being forcibly deported, the most critical of which is that you’ll likely receive a shorter ban on reentering the country than if you were to contest your deportation order in court.
Even if you’re unable to pay for your flights to your country of origin, if you express your willingness to voluntarily leave the country your ban is also likely to be far shorter than if you have the means to leave the country yourself but refuse to do so.
In The Event Of Getting Deported A Second Time
Each time that you are deported from the United States, the penalties which you’ll pass will become more severe. For example, if you are barred from entering the country for 5 or 10 years after your first deportation, if you are deported a second time, it’s far more likely that you’ll have to wait 20 years before entering the United States again.
Conclusion
In conclusion, if you are deported from the United States either for trying to enter the country illegally or for violating an immigration law, it’s likely that you’ll be able to enter the United States after several years. If you are interested in returning to the United States it’s well worth contacting an immigration attorney for assistance.
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