A foreigner who was previously deported from the U.S. might be able to apply for a waiver of inadmissibility. Be mindful that once a foreign national has been removed from the U.S. federal immigration laws make it very hard for that person to return.
In most cases, the immigrant becomes what is called, “inadmissible” and must spend several years in their home country before they can return legally. This might even be true if the foreign national is normally granted an immigrant visa or green card, say for example through marriage to a U.S. citizen, however, in this case there is some level of hope and the immigrant might be able to file a waiver of admissibility allowing for an early return and receipt of an immigrant visa or green card (LPR).
How Long Is a Person Inadmissible After Having Been Deported
- Inadmissibility laws in the U.S. set varying amounts of periods during which the deported individual will be barred from reentering the U.S. unlawfully. For example:
- People who were deported or removed from the U.S. after April 1, 1997, and then illegally re-entered, are barred from immigrating through a family member, with no waiver available (although you can request special permission to reapply after ten years). This is the so-called "permanent bar." (See Immigration and Nationality Act (I.N.A.) § 212(a)(9)(C).)
- People who were ordered removed based on being deportable (a separate list, within the immigration laws, from the grounds of being inadmissible), or who left the United States while an order of removal was outstanding, are inadmissible for ten years following their departure from the United States. (See I.N.A. § 212(a)(9)(A).)
- People who were ordered excluded or deported before the 1996 passage of a law called IIRIRA are inadmissible for ten years following their departure. (See I.N.A. § 212(a)(9)(A).)
- People who were ordered removed because they were found to be inadmissible, most likely upon an attempted entry to the United States, are inadmissible for five years after their removal date. (See I.N.A. § 212(a)(9)(A)(i).)
- People who were ordered removed after an earlier removal, or who were convicted of an aggravated felony, are inadmissible for 20 years following their departure from the United States. (See I.N.A. § 212(a)(9)(A).)
- People who, without reasonable cause, failed to attend their removal proceedings in immigration court are inadmissible for either five or ten years from their departure or removal, depending on whether the judge issued an in absentia order of removal. (See I.N.A. § 212(a)(6)(B))
Is There a Waiver of Inadmissibility Accessible To People Who Got Deported?
If you are married to a U.S. citizen, you are considered an “immediate relative” under the family categories found within the U.S. immigration laws. This means that you might have an opportunity to apply for an immigrant visa. However, if you apply for a green card and you are found inadmissible you will then be deported.
Contact Your Nearest Immigration Attorney
Were you deported out of the U.S. and would you like to return? If yes, then it is time for you to seek counsel with a trusted immigration law firm. Find an attorney who has a sub-specialty in reentry after removal, who understands the laws of the land and U.S. immigration laws, and someone successful with waiver applications. You can contact Gambacorta Law Office Office at 847 443 9303 or visit our website.