Returning to the US after Removal (Deportation)

When an alien violates the conditions of his visa (immigrant or non-immigrant) or when an alien breaks certain laws in the United States, he faces removal (or deportation as known by legacy INS).  Before an alien is removed from the U.S., he has the opportunity to appear before an immigration judge and plead his defense or offer reasons why he should not be removed from the U.S.  The immigration judge then decides whether or not the alien must leave the U.S.  After an alien has been removed from the United States, there are limited circumstances under which he can return.  The opportunities available for returning to the U.S. will vary depending on the reason for the removal. 

Application for Reentry

The first step for most aliens attempting to get permission to enter the U.S. after removal is to submit Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal.

Depending on the reason for your removal, you will likely also need to submit Form I-601 which is an Application for Waiver of Grounds of Inadmissibility.  Because there are many grounds for inadmissibility, the requirements for the waiver will vary depending on the reason you were deported.  While filing Form I-212 will remove the prior removal restrictions, the Form I-601 is needed to remove the grounds for removal.  The most common example is for leaving the U.S. while out of status and the accumulation of unlawful presence.  The form should be submitted to the local immigration court where your removal hearing was held.  If you are applying while you are abroad, you should file this form with the American Consul with whom you submit your visa application.  You can also apply prior to your departure through removal from the United States with the local office that has jurisdiction over the place of your residence.

The Waiting Time for Application for a Waiver

Most aliens who are removed from the United States have a set period of time they have to wait before they can reenter the United States.  Using Form I-212, an alien can ask permission to enter before the required waiting time is complete.  If an alien was removed because of an aggravated felony, he likely has to stay out of the U.S. for 20 years.  If he was removed for a lesser charge, he may have to wait 5 or 10 years before applying for a waiver.  The severity of the grounds for removal will affect the likelihood of approval for a waiver. 

Illegally Reentering the U.S. after Removal is a Felony

Under federal law (8 U.S.C. § 1325), anyone who enters the Unites States illegally is committing a misdemeanor offense and can be sentenced to a fine or six months in prison. The federal law accompanying § 1325 is 8 U.S.C. § 1326 which makes the offense of reentering, or attempting to reenter the United States after being removed or deported a felony offense.  You will likely be permanently barred from the United States if you illegally reenter after a prior removal unless you can show credible fear about returning and make application for asylum.

Legal Help

Applying for admission to the U.S. after removal is a complicated and legally difficult process.  It is important that an alien wishing to reenter the U.S. consult with an immigration attorney before submitting an application for permission to enter.  Removal is a serious matter and immigration officials will be hesitant to allow someone back into the U.S. when that person has already broken immigration laws. An immigration attorney can offer advice on the best way to improve your chances of approval through proper evidence .