How can I return to the United States if I am deported?

How can I return to the United States if I am deported?

There are many cases of foreigners (aliens) who have been deported from the United States and have wanted to return to the country, but is this possible? It is certainly a difficult process for a deportee to regain a visa or a green card to return to the country. However, it is not impossible. Here we are going to explain to you step by step, the deportation process and everything you need to know.

What are the reasons for deportation?

  1. Violation of your visa status.
  2. Threat to national security.
  3. Failure to register with the law or falsification of documents.
  4. Crimes.

There are different types of forgiveness known as waivers for each of these cases, except for number 2 (being a threat to national security).

But first, what is a waiver?

A waiver is a mechanism to ask for a pardon from immigration authorities and an immigration judge. This waiver is done by an immigration attorney and is the best way to return to the country legally.

How long do I have to wait if I am deported?

According to the U.S. Citizenship and Immigration Services (USCIS), deported aliens may not enter the country for a specified period, depending on the grounds for deportation, as specified in INA Section 212(a)(9)(A).

The consequences also depend on the way the person has gone out of the country. If the person left the country voluntarily after hearing the deportation order, it is much more likely that he or she will be pardoned than a person who did not want to leave voluntarily and had to be forcibly deported.

Waiting times to come back to the United States

Five years:

  • When a deportation process is initiated, and the alien decides to leave the country without properly communicating it to the Court and wait for the end of the process.

Ten years:

  • For those aliens who had a final order of deportation given by an immigration judge or the BIA court.
  • It also applies to those aliens who did not report to immigration court and received an order of deportation for absentia.

Twenty years:

  • When the alien has received more than one deportation order.

Permanent ban:

  • When you return to the country illegally after receiving a deportation order.
  • Deported for an aggravated felony.

How do you apply for a pardon to return to the United States?

Even if a person is inadmissible or deportable, the immigration laws provide certain defense mechanisms that allow the alien to apply not to be deported from the United States, if he or she has already been admitted once, or to be admitted and allowed to reside in the United States (when the person has entered illegally (without inspection) or when he or she has been denied entry at a Port of Entry. These mechanisms are known as “waivers” and can be requested from the Immigration Judge when deportation proceedings have already begun or from a Homeland Security official when formal deportation proceedings have not yet begun.

There are a considerable number of “waivers” of inadmissibility, most of which are codified in NIA section 212(d)-(I), also called “waivers” of deportation. Most of these waivers depend on the existence of family ties between the individual subject to deportation or inadmissibility and a U.S. citizen or permanent resident, proving that, if the alien is deported or inadmissible, this would cause harm or detriment to the quality of life of the citizen or permanent resident.

Would a private attorney be necessary?

Returning to the United States after being deported or in danger of being deported is a complicated process that requires an immigration expert to demonstrate through a waiver that the individual should be able to return to the country or not be deported.

Why should they choose us to defend their case?

The office of Eliana Phelps has represented hundreds of individuals of different nationalities in immigration court with a 90% success rate. We specialize in obtaining a judge’s order authorizing the immigrant to remain in the United States by retaining his or her residency or obtaining permanent residence for the first time, preparing an aggressive defense and requesting the application of each of the statutes granting our client a pardon.

Our firm also specializes in presenting cases that allow the person to return to the country after being deported, by gathering evidence, analyzing the case and the applicable laws, allowing the deportee to present the best possible case to obtain a pardon and the possibility of returning to the country in the shortest time possible as in a completely legal manner.          

We have applied for and obtained cancellation of deportation orders based on the following applications and defenses:

  • Political asylum and mandatory deportation restriction.
  • Convention against Torture (CAT relief).
  • Cancellation of deportation for non-permanent residents.
  • Cancellation of deportation for permanent residents.
  • Adjustment of status.
USA-Visa

Contact us to receive the best advice on your case or any immigration-related issue, at the offices of Eliana Phelps : Tel: +1 (951) 505-7417, or at the email: Eliana.phelps@phelpsattorneys.com


Eliana Phelps

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