Bars For Deportation
There are two key groups of individuals who are forcibly deported from the United States each year. Individuals who hold Green Cards and are permanent residents but commit aggravated felonies which result in deportation orders and individuals who are caught residing in the U.S illegally. Some of whom are caught with false travel documents at various ports of entry and others who are apprehended after entering the country on short-term visas and attempt to stay in the United States past the expiration date of their Visas. To discover what the bar for deportation is and how it can affect your future in the U.S, simply continue reading.
What Is The Bar For Deportation?
The primary bar which deportees face is being barred from entering the United States for a set period of time. However, typically most individuals who are deported have to wait from 5 to 20 years before they are able to apply for another visa in order to legally enter the country again. During this time period, you won’t be able to visit the United States, even on a short vacation.
If you have children who are legal U.S citizens, you’ll be placed in a difficult situation as you’ll have to decide whether to appoint a legal guardian for your children, in order to allow them to continue living in the United States in your absence. Or whether you would prefer to take your children with you to your country of origin. If you want to be able to take your kids overseas with you, it’s best to tell the judge who presides over your immigration hearing that you are prepared to voluntarily leave the United States. However, keep in mind that if you voluntarily leave the country, you will be responsible for paying for your flights as well as the flights of any dependents who leave the country with you.
You Can Be Deported Even As A Legal U.S Resident
Being a resident and holding a green card will not prevent you from being deported. As only citizens can avoid deportation. Typically U.S residents are not deported from the United States and are only deported if they commit a serious crime which is classed as an aggravated felony. Some examples of aggravated felonies include domestic assault, battery, rape, murder, and drug trafficking. All of which are deemed sufficient grounds for deportation. So if you want to avoid the possibility of being deported in the future, it’s a wise idea to work on obtaining US citizenship as soon as you have held a green card for the mandatory five-year period, which will make you eligible to apply for citizenship.
It Is Possible To Re-enter The U.S Before Your Ban Has Expired
In some circumstances, you may be allowed to reenter the U.S before your ban has expired. For example, if you did not hold a green card when you were forcibly deported from the United States, you may be able to apply for a family-sponsored green card or an employer-sponsored green card, while you’re waiting for your ban to end. Just remember that your application for a green card may be declined as a result of your deportation. The USCIS as well as foreign-based U.S embassies and consulates have the authority to reject applicants who were deported from the United States for entering the country illegally, misrepresenting themselves, or committing aggravated felonies.
Before you’ll be able to even submit a green card application, you’ll need to apply for a waiver that will essentially allow you to reenter the country early, as long as you are able to obtain a new visa to enter the country. If you don’t want to live in the United States on a permanent basis, you can also apply for a waiver, if you wish to apply for a short-term visa such as a student visa or a temporary work visa.
How A 20-Year Ban Can Forbid You From Visiting The U.S
If you are keen to fill out a waiver in order to try and reenter the country before your travel ban has expired, it’s important to note that if you were presented with a lengthy 20-year ban, you’ll need to wait at least 10 years to apply for a waiver for your travel ban. Most individuals who are dealt 20-year travel bans have been deported from the U.S several times or have resided in the United States illegally for a period of 12 months or longer.
Being Deported Can Affect Your Chances Of Earning U.S Citizenship
In order to be deemed eligible to become a full U.S citizen, you’ll be required to prove that you are of good moral character. So even if you are fortunate enough to earn a residency visa in order to enter the country again, if you want to apply for citizenship after five years of holding a green card, there is a chance that your past deportation may affect your chances of becoming a U.S citizen. However, if you believe that you can still prove that you have been a moral, lawful U.S resident following your initial deportation, you may be granted citizenship. Especially if you have kept a clean criminal record for five years and have several glowing references who can attest to your character.
Conclusion
The primary bar which deportees face is being prevented from reentering the United States for a set period of time, which typically varies from 5 years to 20 years. If you are deported from the U.S, the length of time that you’ll be prohibited from entering the country will depend on the context of your deportation. Being deported also may also hinder your long-term chances of becoming a full U.S citizen if citizenship is your ultimate goal.
If you have been served a deportation order in the form of a bag and baggage letter or have been ordered to attend an immigration hearing, it’s in your best interests to contact an immigration attorney. In order to try and reverse your deportation before it’s too late and you’re forced to remain outside the U.S for a set time period.
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