
If you have been ordered removed, otherwise known as deported, from the United States, it’s important to understand that you can’t just turn around and return to the country whenever you please. Per the legal teams of your removal, you will be expected to remain outside of the country for a set number of years. Depending on the circumstances of your removal, you may never be allowed to enter the U.S. again. If you are facing deportation, it’s best to contact an experienced Middlesex County, New Jersey Deportation Lawyer who can help you navigate your options.
If I Get Deported, Can I Come Back to the U.S.?
Unfortunately, there are a wide range of reasons why a foreign national may face deportation from the United States. Some of the most common reasons for deportation include having an unlawful presence in the country, committing certain crimes, participating in a prohibited employment activity, certain status violations, and unlawful entry into the U.S. If you have a removal order in your immigration file, you may be prohibited from entering the U.S. for five, ten, or 20 years.
If you were removed upon arrival at a U.S. port of entry because you were found inadmissible or you came to the U.S. but were immediately put into removal proceedings, and then deported, you may be ineligible to return to the U.S. for five years. In addition, you may face a five-year ban if you fail to show up for your removal hearing in the U.S. If you accrued one year or more of unlawful presence in the U.S. or were issued a removal order after your removal hearing, you may not return for ten years after your departure.
Furthermore, if you were convicted of an aggravated felony or have received more than one order of removal in your file, you will be barred from returning to the U.S. for 20 years. If you enter the U.S. without permission after having been deported, or illegally reentered the U.S. after being in the U.S. unlawfully for more than one year, you will likely be barred from entering the U.S. for 20 years or even permanently.
What Are My Options for Returning to the U.S. After Removal?
If you were ordered removed from the U.S., it’s crucial to understand that there are limited options that enable you to return legally. First, you must find a basis for applying for a U.S. visa or green card. The most common possibilities for becoming green card-eligible include sponsorship by an employer or a family member. Depending on your skills, you may qualify for a nonimmigrant visa.
Nevertheless, before you can apply for any of these forms of U.S. entry, you need to apply for a waiver that will “forgive” your prior removal order, permitting you to reenter the U.S. with a visa or green card. Keep in mind if you have a 20-year ban against you, you will need to wait until you have been outside of the U.S. for at least ten years before applying for a waiver.
As you can see, returning to the U.S. after removal is a complex process. As such, it’s best to seek legal assistance as soon as possible, to discuss your case with a qualified lawyer. At the Law Offices of Aditya Surti, LLC, we are prepared to advocate for your immigrant rights. Connect with our team today.