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Can I Return to the U.S. After Deportation?

Posted by Gutierrez Law Firm on April 10, 2013

Though it is possible to legally reenter the United States after being deported, it’s important to understand the unique circumstances under which this may be accomplished. When someone is deported they are blacklisted to prevent reentry into the United States. The expertise of a qualified immigration attorney can greatly improve an applicant’s chances of success.

Immigration Violations

When someone violates U.S. immigration law, they may well be deported to their home country. Common examples of violations that could result in deportation include the commission of a serious crime or the expiration of a visa. Depending on the immigration violation that resulted in deportation, an individual may be barred from obtaining an immigrant visa for five, 10 or even 20 years. Nevertheless, it may still be possible to obtain a temporary non-immigrant visa.

To gain special permission to reenter the United States while still on a blacklist, a visitor must request that the U.S. government remove them from the blacklist early. This requires the submission of Form I-212 and supporting evidence. The application must be submitted to a U.S. embassy, consulate or consular office.

The completed Form I-212 will be forwarded to the United States Citizenship and Immigration Service (USCIS) for a final determination. There are instances when a Form I-212 can be forwarded directly to officials at the USCIS. If the application is approved, the immigrant will then be able to apply for a temporary visa.

Extreme Hardship

If an immigrant was deported for being in the United States illegally or being convicted of a serious crime, Form I-212 may be insufficient to gain approval from immigration officials. It may be necessary to demonstrate that exclusion from the United States is causing extreme hardship for a family member who is legally in this country. It will be necessary to complete the following steps to prove family hardship:

  • Submission of Form I-212 and Form I-601 to a U.S. embassy or consular official
  • Submission of supporting documentation that is related to the hardship being suffered by a relative such as a wife, child or parent
  • Interview with a U.S. consular official

It is unwise to reenter the United States illegally after being deported. Even if the illegal immigrant does not have a criminal background, entering the country illegally is a crime and can result in incarceration. An immigrant with a criminal record could be imprisoned for as much as 20 years.

For more information about returning to the United States after deportation, speak to the Gutierrez Law Firm at 210.225.7114.

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