Re-entry into the U.S. after Removal/Deportation

Apr 24, 2016 News

By Attorney Gail Seeram
Re-entry into the United States once a person has been removed or deported from the United States is not an automatic process. Removal proceedings (formerly known as “deportation proceedings”) are used to determine whether a non-U.S. citizen, or permanent resident (green card holder) should be deported, that is, expelled from the United States.
If no relief is available, removal or deportation proceedings can result in: (1) voluntary departure from the United States; (2) removal/deportation under Immigration & Custom Enforcement supervision; or (3) self-removal if you left the United States with an order of removal.
Based on the grounds on which a person is removed or deported from the U.S., they may face a five-year, ten-year or lifetime ban from returning to the U.S.
Additionally, under the Immigration and Nationality Act, if you remained unlawfully in the United States for more than six months but less than one year and you leave the U.S., then you face a three-year ban to return to the U.S.
If you remained unlawfully in the United States for more than one year and you leave the U.S., then you face a ten-year ban to return to the U.S.
A person may be placed in removal or deportation proceedings for the following reasons:
(1)   being unlawfully present in the United States because the person overstayed on a visa or entered the U.S. illegally without inspection;
(2)   as a permanent resident (or green card holder) he or she committed a crime that under the U.S. immigration laws, results in removal from the U.S.;
(3)   as a permanent resident (or green card holder) he or she abandoned their residency in the U.S. by extended stay outside the U.S.; or
(4)   as a permanent resident (or green card holder) he or she committed immigration violation, visa and/or passport fraud, alien smuggling, willful misrepresentation, false claim to U.S. citizenship, illegal reentry after a prior deportation, security and foreign policy violation, and other miscellaneous violations of the U.S. laws.

If a person was removed/deported from the U.S. or left the United States voluntarily after living in the United States illegally, then that person would be required to file a waiver AND an application for permission to reapply for admission into the United States.

Q: I was deported from the U.S. seven years ago, but my U.S. citizen daughter filed for me and I have an interview at the Embassy. When do I file the waiver and/or application for re-entry?
A: Once you attend the immigrant visa interview at the Embassy or Consulate, the officer will advise you if and what type of waiver is required to be filed. The type of waiver that is required depends on the reason why you were deported. The waiver and application for re-entry with required filing fees is no longer presented to the Embassy during the interview. Rather, it is required to be filed in the United States. If the waiver application is approved, then you and the Embassy will be notified and the immigrant visa will be issued by the Embassy. If the waiver is denied, then you may appeal the decision or file a motion to reopen or reconsider the decision. Our office has successfully handled many waiver cases and would be happy to customize a winning case strategy for your waiver application.

Q: How likely is it that my waiver and application for re-entry will be approved?
A: The U.S. Government will review the waiver packet and application for re-entry along with the supporting documents to determine whether the positive factors (immigrant rehabilitation, good character and extreme hardship evidence) outweigh the negative factors (reasons for deportation) in that particular case. Note: a winning waiver packet contains supporting documents and evidence to prove the extreme hardship in the following manner: strong family ties in the U.S., health or medical issues, education concerns, financial issues and country conditions in the native country.

For more information, contact Gail Law Firm:
Email: Gail@GailLaw.com
Phone: 1-877-GAIL-LAW or 407-292-7730
www.MyOrlandoImmigrationLawyer.com
FREE in-office consultation – FREE Live Chat

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