Can I Re-Enter the U.S. After Deportation?

Getting deported can be a harrowing experience. If you were forced out of the United States you may fear for your future and wonder if you will ever be able to return. Fortunately, it is possible to re-enter the U.S. after getting deported. However, it can be a time-consuming and complex process. If you were deported and require legal assistance and representation do not hesitate to contact a 3-10 year bar New York City immigration attorney.

What is Deportation?

Deportation is the legal process where an individual is removed from a country due to violations of immigration law, criminal activity, illegal entry, or other offenses. In the United States, when an individual is deported they will receive a formal order of removal. This letter may include a bar of re-entry, meaning that the individual is not permitted to return to the country for a specified amount of time or ever. The length of the bar is determined by many factors unique to the situation and will vary from case to case.

How Long Are Re-Entry Bars?

The USCIS (United States Citizenship and Immigration Services) imposes different bars on re-entry depending on many factors, most importantly the reason why the individual was deported.

Three-year bar: You may be barred from entering the U.S. for 3 years if you were unlawfully present in the country for more than 180 days but less than one year.
Five-year bar: If you were deported as soon as you arrived because of inadmissibility or failed to appear for your removal hearing you may be ineligible to re-enter the country for five years.
Ten-year bar: If an immigration judge issues a removal order after your removal hearing you cannot return for 10 years after your departure. This may also apply if you were unlawfully present in the U.S. for one year or more.
Twenty-year bar: A 20-year bar may take effect if you were deported because of an aggravated felony or if you have been removed from the country more than once.
Permanent removal: Some individuals may be permanently barred from entering the United States. Some reasons can include having an aggravated felony conviction or illegally entering the country after being deported.

Can I Re-Enter the U.S. After Getting Deported?

It is possible to return to the United States after being deported, but you will have to wait for your bar to expire. File Form I-212, the Application for Permission to Reapply for Admission Into the United States After Deportation or Removal.

The application must be submitted with the filing fee of $1,175 and supporting documents including:

The reason for your deportation
Length of time spent in the U.S. before deportation
Evidence of rehabilitation or good moral character
Evidence of ties to the U.S. through relationships, property, or businesses

If you wish to re-enter the U.S. after being deported, reach out to a skilled immigration attorney to learn more about your rights and options.