If you wish to apply for admission to the United States as an immigrant while the prohibition on deportation is still in effect, you may be able to arrange this by first completing Form USCIS I-212 Application for Authorization to Reapply for Admission to the United States after Deportation or Rejection. Form I-212 is a request to the U.S. government to lift the ban early and allow you to proceed with your visa application. It`s not available to everyone. So that convicted criminals do not enjoy this privilege. In some situations, if a person is deported in absentia because they did not attend a deportation hearing, that person may file a motion to have the authorization order lifted, even if they are outside the United States. If the application is accepted, they may return to the United States for the purposes of a newly opened removal procedure. They can be deported for a variety of reasons. Grounds for deportation generally fall into one of four categories: It is a very bad idea to try to return to the country illegally. In the best case, you will be deported again and the return period extended. At worst, you will be charged with the federal crime of illegal re-entry and may spend years in federal prison before being deported through an expedited deportation process. If you have been deported for a serious crime, you will likely be barred from entering the United States for 20 years.
If you were fired because of a lower fee, all you have to do is wait five or ten years before applying for an exemption. It goes without saying that the waiver depends on the reasons for your expulsion. The time it takes to return to the United States depends on why the person was deported in the first place. In any case, the process of returning to the United States takes a long time, and anyone who wants to return after deportation must be prepared to wait months or years outside before returning. If a non-citizen is deported from the United States, it will be difficult to obtain another visa or green card that allows them to re-enter. Generally, the federal government imposes a time limit for inadmissibility. During this period, the person is prohibited from entering the country at a port of entry. In most cases, the ban lasts 10 years, but can range from 5 years to a permanent ban. If your deportation was ordered after a deportation hearing before an immigration magistrate, even if you were absent from the proceedings. If you received a deportation order because you were convicted of a serious crime, you are prohibited from returning to the United States permanently unless approval of a Form 1-212 waives the serious crime and all applicable inadmissibility exemptions are granted.
If a person re-enters the United States without authorization after being deported or has re-entered the United States illegally after residing illegally in the United States for more than one year, they are permanently prohibited from returning to the United States unless they wait outside the United States for a period of 10 years, then file a Form 1-212 and all applicable waivers and inadmissibility approvals. While a travel ban to the U.S. is certainly serious business, the good news is that it`s not necessarily as bad as it sounds. Depending on the situation, it is still possible to reapply for approval in the United States, and there are legal ways to obtain a waiver of inadmissibility during the imposed prohibition. Regarding the visa after deportation, remember that your original visa cannot be recovered. A final deportation order issued by a U.S. immigration court is irrevocable. You can apply for the same visa you had before, but you will have to start the whole application process all over again. Similarly, you can apply for a green card under the same conditions as previously justified, but you will have to start the legal residency process from scratch.
While a travel ban to the U.S. is certainly serious business, it`s not necessarily impossible. The procedures for return after deportation vary, among other things, depending on the reason for which the person was expelled in the first place, the number of violations. If you deposit at a USCIS vault or service center: Pay the fee with a money order, personal check, cashier`s check, or credit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must write your check to the U.S. Department of Homeland Security. Please note that service centers cannot process credit card payments. Use our fee calculator to determine your fees.
Once you have been deported, the U.S. government will prohibit you from returning for five, ten or 20 years, or even permanently. In general, most deportees have a 10-year ban. The exact duration depends on the facts and circumstances of your deportation. If you received a deportation order upon arrival in the U.S. and have not seen an immigration judge, you are generally prohibited from returning to the U.S. for a period of five years, unless the removal order is a waiver by approval of a Form 1-212 and all applicable inadmissibility exemptions are granted. If you were fired in absentia (meaning you didn`t appear in court and a judge made a removal order because of your non-show), you may not have to wait that long. If you have already been deported once and then tried to enter the country illegally before your initial ten-year inadmissibility period expired. Applying for legal admission to the United States after deportation is a lengthy and complicated legal process. You have the burden of proving that you are worthy of a second chance for a visa.
Immigration officials are reluctant to let someone return to the U.S. after violating immigration laws.