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How Long After Deportation Must I Wait Before Returning to the U.S.?
nolo.com ^ | Feb 2017 | Jonathan Shaw

Posted on 02/10/2017 3:37:16 PM PST by doug from upland

DFU NOTE: for those here illegally, it may be a good idea to self deport and then get in line. If you are forced to be removed, there are waiting periods to apply to come back. +++++++++++++++++++++++++++++++++++++++

How Long After Deportation Must I Wait Before Returning to the U.S.?

Depending on the reason you were ordered deported, you will have to wait a set amount of time before trying to return.

By Jonathan Shaw

If you were ordered removed (or deported) from the U.S., you must remain outside of the country for five, ten, or 20 years, and in some cases, you may not be able to return to the U.S. at all.

However, some deportees can return to the U.S. on a visa even before their required time outside the country expires. To do this, you should understand the circumstances surrounding your order of removal, what options are available to you, and what type of waiver (or legal forgiveness) you will need. Keep reading on for more information about how long you will need to wait to reenter the United States.

First, Determine Whether an Order of Removal Was Issued

If you are unsure whether or not an Immigration Judge (IJ) issued an order of removal against you, you should try to find out, as part of determining when you might be able to return to the United States. You should do this if you were ever told to go to immigration court and you don’t know or can’t remember going or what happened. It’s possible that an IJ gave you a deportation or removal order without you being there or being told about it. In some situations, an IJ will grant voluntary departure, which allows the noncitizen to leave the country before a set date. If you leave by that time, you avoid having a removal order issued against you. If you were granted voluntary departure, but failed to leave by the appointed date, the voluntary departure automatically converts to an order of removal. You can check if the IJ issued an order of removal by calling the Immigration Court hotline at 1-800-898-7180 (if you’re in the U.S.) and following the electronic prompts.

Keep in mind that, even if you voluntarily depart the U.S., you may still be inadmissible for a number of years depending on how much unlawful presence you accrued while in the United States. To learn more about this please read Consequences of Unlawful Presence in the U.S.—Three and Ten Year Time Bars.

Circumstances of Your Removal Will Determine How Long You Must Wait to Reenter

If you do have a deportation or removal order issued against you, it is possible that you are not allowed to enter the U.S. for five, ten, or 20 years. It is even possible that you have been permanently barred from reentering the United States. FEATURED LISTINGS FROM NOLO

The Five-Year Ban: If you were summarily removed or deported upon arrival at a U.S. port of entry because you were found inadmissible, or if you were removed or deported after having been placed in removal proceedings upon arrival in the U.S., you may be ineligible to return to the U.S. for five years.

The Ten-Year Ban: If an IJ issued a removal order at the conclusion of your removal hearing in Immigration Court (even if you did not attend these proceedings) you may not be able to return for ten years.

The Twenty-Year Ban: Although you can be permanently banned from entering the U.S. if you are deported and attempt to reenter the U.S. prior to the expiration of the ten-year ban, it is possible that an IJ could add an additional ten years to your original ten-year ban. As a result, the issuance of multiple removal orders can often result in a 20-year prohibition from entering the United States.

The Permanent Ban: If you were convicted of an aggravated felony, entered without permission after being removed, or illegally reentered the U.S. after having previously been in the U.S. unlawfully for more than one year, you may be permanently barred from entering the United States. Options After Issuance of a Removal Order

If you were ordered removed from the U.S., there are some limited options that might enable you to return legally. You can attempt to return to live in the U.S. permanently (on an immigrant visa or green card) through sponsorship by an employer or a family member. You may also qualify for a nonimmigrant visa, such as a tourist visa or a student visa. To do any of these, however, you would need to apply for a waiver that could “forgive” your prior removal order and give you permission to reenter the U.S. with the visa or green card. To learn more about applying for permission to enter the U.S. after deportation, see After Removal: Possibilities for Reentry to the U.S.

Somewhat surprisingly, you can apply for a waiver even if you have been permanently barred from return. In this case, however, unlike with other people barred from return, you must wait until you have been outside the U.S. for ten years before applying for the waiver.

An Immigration Attorney Can Help You Reenter the U.S.

Returning to the U.S. after removal can be a complicated and difficult process. If you are in removal proceedings, it is best to seek legal assistance prior to your final immigration hearing date. In some circumstances, you can still stop the entry of an order of removal and the resulting time bar. You should contact an immigration attorney to discuss your case and the options available to you. Some attorneys may work with you remotely even if you are not physically present in the United States.


TOPICS: Crime/Corruption; Culture/Society; News/Current Events
KEYWORDS: deportation; illegalaliens; illegals; quelastima
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To: doug from upland
Proving once again, if you deport them, they will go.

How Eisenhower solved illegal border crossings from Mexico

21 posted on 02/10/2017 4:34:52 PM PST by Bubba_Leroy (The Obamanation has ended!)
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To: gaijin

Japan has such great protectionist policies and I admire them for it.

You have to admire the way they carry out their executions too. The criminals have no idea when their time is up. Each day could be their last. Some sit on death row for years, then one day the doors open and they are escorted to the chamber - no notice is given. LOL!


22 posted on 02/10/2017 4:37:03 PM PST by Roman_War_Criminal
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To: cpdiii

Your BIL is a hero...

Illegal aliens are scum...

BTW he also got a better score than I did..

out of the 20 oral questions I got one wrong...

When I was asked “How many justices on the Supreme Court ?” I drew a blank, and then I guessed... I thought there’s 12 people on a jury and so I said “12”

The man said that that number was incorrect and I thought I was going to be barred from ever becoming an American citizen and would be forthwith deported ...

Imagine my tearful relief when the man said I had done well and I could go on with the process...a month later I was naturalized and cried all day in awe and gratitude...

LOL


23 posted on 02/10/2017 4:39:46 PM PST by Tennessee Nana
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To: donna

That’s why she was deported she DID vote ...several times...and was charged with pretending to be an American citizen etc..

she was suppose to be deported years ago but nobody kicked her lyin cheatin illegal alien butt to the curb in Mexico...


24 posted on 02/10/2017 4:43:16 PM PST by Tennessee Nana
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To: doug from upland

Do they just let them ober the border or do put on a ship them down to the Guatemala border and let them out?


25 posted on 02/10/2017 4:46:15 PM PST by Sybeck1
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To: doug from upland

The minute the BP van disappears around the corner. That’s how fast they cross back over.


26 posted on 02/10/2017 4:53:30 PM PST by bgill (From the CDC site, "We don't know how people are infected with Ebola")
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To: doug from upland

How Long After Deportation Must I Wait Before Returning to the U.S.?

FORE-EVEE!


27 posted on 02/10/2017 5:13:21 PM PST by SandRat (Duty, Honor, Country.)
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To: doug from upland

GOSO!
(Get out and stay out)


28 posted on 02/10/2017 6:43:57 PM PST by tumblindice (America's founding fathers, all armed conservatives)
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To: doug from upland

Illegal immigration is a slap in the face of all those who wait years to do it legally. And the ones who come in generally become local Americans who do not take handouts. But for too many years, liberals have been welcoming them with open arms while they step over everyone else with their hands out for undeserved entitlements. My husband was a legal immigrant and he was proud to be an American and contributed to this great country. I’m in favor of LEGAL immigration!


29 posted on 02/10/2017 6:49:04 PM PST by christie
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To: doug from upland

As if they are worried about coming to the US through legal means. That chick activist that was deported a couple days ago will be back. And it won’t be with a visa.


30 posted on 02/10/2017 8:07:03 PM PST by submarinerswife (Allahu FUBAR)
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To: doug from upland

bringing this back


31 posted on 09/07/2017 7:19:20 PM PDT by doug from upland (Mayflower Hotel --- hotel of choice for Dem officials and their hookers)
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To: doug from upland
Until a wall of some sort is built....and the laws are enforced...The illegals will keep coming back.

I've seen this crap for 45 yrs....first in SoCal.

Illegals took jobs American's had....Roofers, Plumber's, Concrete guys, Pool cleaner's, Painters....Gardeners...etc..etc...

Job's the left say's Americans don't want. It was and is total...BS.

32 posted on 09/07/2017 7:27:21 PM PDT by Osage Orange (Watch your six.)
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