Can I Ever Come Back Into the US After Being Deported?

Deportation: What’s Next?

If a deportation process has started or was completed for you or a loved one, you may be wondering what options you have to return to the US. The answer is not the same for everyone, as it’s based on what you did that led to the deportation.

If you committed a serious crime, for example, murder, you may have to wait a significant number of years before returning to the US if you are legally able to return. If you committed a minor offense, however, you may have to remain outside the U.S. for a short period of time, such as up to five years, and then can apply to return.

Will I Have to Wait Decades to Return to the U.S.?

If you were found guilty of an aggravated felony or serious crime, there is a chance that you will need to wait up to twenty years before returning to the U.S., if at all. Examples of an aggravated felony would be child abuse, drug trafficking, or rape. If the judge decides your crime was especially egregious, you may be permanently banned from returning to the U.S.

Keep in mind that if you were deported once and later were deported again, you might be forced to wait up to twenty years before returning to the U.S., just as if you had committed a serious crime.

What Constitutes a Shorter Wait Period Before Returning to the U.S.?

Suppose you were caught trying to enter the U.S. with falsified documents. This action may result in you being prohibited from returning for up to five years and maybe longer.

It’s also important to note that if you were requested to attend an immigration hearing and failed to appear, you may be forced to wait up to five years before attempting to return to the U.S. It’s highly beneficial to be aware of all hearings and be on time, along with your experienced immigration attorney to assist you at all hearings.

It may be necessary to appeal a deportation on the spot in case you are not eligible for return until five, ten, or twenty years to address the deportation in the U.S.

What Exceptions, If Any, Apply to the Wait Period?

Some exceptions apply to the wait period if you are deported. Examples would be if you could obtain a work visa, a student visa, or a temporary visa. In fact, millions of individuals apply for visas each year, according to the Migration Policy Institute, whether for work, school, or otherwise.

Examples of work visas may be temporary agricultural workers or non-agricultural worker visas. Designated countries are part of a list of eligible citizens if it’s determined that it’s in the best interest of the U.S. for the temporary worker to reside here for a season or a short time. Several levels of visas are within this category, such as visas that require a minimum degree or those that don’t, as well as visas for the workers’ sponsors.

Student visas exist so foreigners can take advantage of the educational or training program opportunities in the U.S. A full-time student may be eligible for a student visa at an accredited school and may also be allowed to work on the campus while they are here to study.

Other temporary visas may be an option for you or your loved one. Speak with your immigration attorney to determine what may be your best options. Keep in mind that a judge may deny your request if you have not satisfied your wait time, but you may wish to attempt another visa after a certain number of years.

What if I Left On My Own Accord?

If you were requested to attend an immigration hearing after breaking the law, you typically can leave on your own accord before the hearing. If you choose to do this, you will be responsible for the costs associated with leaving the country, but it may put you in a better position to avoid a lengthy wait time for returning.

In most cases, if you state your willingness to leave the country on your own accord, it can shorten the wait time for you to return. If you are unable to afford the costs of leaving the country, you may still be eligible for a shortened wait time if you express your wishes to leave the country sooner than having to be physically deported.

A Team of Tireless Advocates Who Understand Your Struggles

As an immigrant herself from El Salvador, it’s something that is near and dear to her heart. With countless years working alongside immigration attorneys, she is now one herself and has been devoted to her clients ever since before she opened her own law firm.

With additional degrees beyond a law degree in sociology and psychology, it’s no wonder that her passion for helping individuals goes hand in hand with her compassion for equality. Everyone deserves to be treated equally and have the same opportunities as the next person.

Through this belief, we are steadfast in our efforts and work hard for each and every client. Call our office today at (973) 313-5794 to learn more about how our team can assist you and ensure that you are treated with the dignity and respect you deserve.

We look forward to serving you.