RETURNING TO THE US AFTER DEPORTATION
It’s time to fix your status. Learn how below.
I WAS DEPORTED. CAN I COME BACK?
If someone is deported, that person is able to come back to the United States but only in very limited situations. If an individual is deported and later is the beneficiary of an immediately available visa petition, that individual may file a Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal and come back to the United States so long as that individual is otherwise admissible to the United States. If the individual is inadmissible, that person may be able to come back to the United States provided that the individual qualifies for and receives appropriate waivers of inadmissibility.
In limited situations, if someone is deported in absentia in that they were deported because they failed to appear to a removal hearing, that person may file a motion to rescind the in absentia order even if they are out of the United States. If the motion is approved, then they may return to the United States for the purpose of newly reopened deportation proceedings.
FREQUENTLY ASKED QUESTIONS ABOUT RETURNING TO THE US
Can I reopen my immigration case even after I’ve been deported and left the U.S.?
If you have been physically deported from the United States after seeing an immigration judge, you are able to file a motion to reopen your case even if you are physically outside the United States if the motion is filed within 90 days of the date of the final order.
Furthermore, you are able to file a motion to reconsider your case even if you are physically outside the United States if the motion is filed within 30 days of the date of the final order. You may also file a motion to rescind an in absentia order at any time after physical removal from the United States if the reason you did not attend your removal hearing was due to lack of notice.
If you wish to file a motion to reopen or reconsider outside of these 30 or 90 day limits, you may seek “equitable tolling” of the filing deadline asking the court to excuse the 30 or 90 day limits.
How long does it take to return to the US?
How long it takes to return to the United States depends on the reasons the individual was ordered deported in the first place. In any event, the process to return to the United States takes a significant amount of time and any individual wishing to return after deportation should be prepared to wait outside for months to years before returning.
How long do I need to stay outside the US before I can come back?
If you received a removal order upon arrival to the United States and did not see an immigration judge, then you are typically barred from reentering the United States for a period of five years, unless the removal order is a waiver through the approval of a Form 1-212 and any applicable waivers of inadmissibility are granted.
If you received an order of removal at the conclusion of removal proceedings in immigration court then you may not be able to return to the United States for a period of 10 years unless the removal order is waived through the approval of a Form 1-212 and any applicable waivers of inadmissibility are granted.
If you received an order of removal on account of having been convicted of an aggravated felony then you are permanently barred from reentering the United States unless the aggravated felony is waived through the approval of a Form 1-212 and any applicable waivers of inadmissibility are granted. Furthermore, if one reenters the United States without permission after having been removed or illegally re-entered the United States after having been previously unlawfully present in the United States for more than one year, then that individual is permanently barred from reentering the United States unless and until the individual waits outside the United States for a period of 10 years and then files and receives approval of a Form 1-212 and any applicable waivers of inadmissibility are granted.
