In short, it depends. In most cases a person may reapply for admission in the United States after being deported. However, this will largely be dependent on the grounds for their deportation, and the facts of their specific removal case. Deportation, otherwise known as removal, is the legal process in which a non-U.S. citizen is removed from the United States and transported back to their country of origin.
Examples of the most common grounds for deportation/removal proceedings include:
- Abusing or Developing an Addiction to Drugs: A non-U.S. citizen who abuses or who has become addicted to drugs may be removed from the United States.
- Additionally, a non permanent resident may also be removed if they have been convicted of more than one drug crime;
- Committing Green Card Fraud: A non-U.S. resident who commits fraud, or enters into a fraudulent marriage with the intent to deceive an immigration officer in order to obtain a green card, is also subject to deportation;
- Failing to Obey the Terms Of a Visa: Non-U.S. residents must obey specific requirements and conditions when temporarily living in the United States on a visa, and failing to comply with any of those requirements or conditions will be grounds for removal.
- For example, an immigrant who moves to a new residence in the United States must notify the United States Citizenship and Immigration Services (“USCIS”) within 10 days from when they officially changed their address;
- Collecting Public Assistance: A non-U.S. resident who requires public assistance from the U.S. government, within five years from the date that they first arrived, may also be removed from the U.S.
- Importantly, the non-U.S. resident may show that they qualify for an exception, or under one of the waiver conditions;
- Violating Immigration Laws: A non-U.S. citizen who violates immigration laws, such as lying about their immigration status or remaining in the country after their visa has been revoked, may also face deportation; and
- Being Convicted of Certain Crimes: A non-U.S. citizen who has been convicted of certain crimes may be subject to removal from the United States. Examples of crimes that may lead to deportation include:
- Crimes of moral turpitude;
- Aggravated felonies;
- Domestic violence offenses;
- Crimes that involve the trafficking of drugs, humans, and/or weapons; and/or
- Crimes that involve sabotage, treason, sedition, and/or espionage against the United States.
In cases that involve any of the above criminal actions or fraud, the person that was subject to deportation may be permanently banned from reentering the United States or reapplying for admission. However, if the person did not receive a ruling that indicated as much, then they are generally allowed to reapply for admission.
In order to reapply for admission after deportation, the person seeking reentry would need to fill out immigration Form I-212, “Application for Permission to Reapply for Admission into the United States after Deportation or Removal.” The I-212 form can be acquired through United States immigration authorities and should be submitted to the appropriate agency as provided on the form.
In addition to individuals that were subject to formal deportation, individuals who voluntarily depart from the United States also need to file an I-212 form if they wish to be readmitted into the country.
It is important to note that there is usually a bar or waiting period after an individual has been deported before they can reapply for admission. Common bars from reapplying for admission include:
- A 5-year bar for first-time offenders, including those subjected to expedited removal, and for those removed upon their arrival in the United States;
- A 10-year bar for persons removed after a formal removal hearing while in the United States;
- A 20-year bar for persons that have been subject to more than one removal action; and
- A permanent bar for deportation that was based on a conviction for an aggravated felony or other felony crime.
What Are the Eligibility Requirements for Form I-212?
Once again Form I-212 is an application that requests permission to reapply for admission into the United States after deportation or removal. As such, the persons that typically utilize the form are individuals who have been removed or deported from the United States due to immigration violations, such as the ones listed above.
In order to fill out the I-212 form, individuals are required to have:
- A valid passport with a current United States visa;
- Evidence of their previous deportation, exclusion, or removal from the United States;
- An affidavit from the applicant that describes the circumstances surrounding their previous deportation or removal;
- Any additional evidence supporting the individual’s reasons for requesting readmission Additional evidence may include:
- How long the applicant lived in the United States as a lawful resident;
- Evidence of the applicant’s moral character and regard for law and order;
- Proof that the applicant has been reformed or rehabilitated, such as evidence of the completion of a rehabilitation program;
- The applicant’s family commitments; and
- Whether or not the applicant has a job within the United States;
- Two passport-style photographs that were taken within the last 30 days;
- A copy of Form I-407 (“Record of Abandonment of Lawful Permanent Resident Status”), if applicable;
- Any relevant police reports or court documents related to the individual’s previous exclusion or deportation; and
- Proofs of identity.
In addition, once the Form I-212 has been completed, it will need to be signed by the applicant and notarized. The current filing fee of $930 will also need to be paid, and is nonrefundable. Once the application has been submitted, it is usually necessary for the applicant to attend an immigration hearing for further questioning and review. There is also a waiting period, which is typically at least 3 months, from the time that the application is filed to the time that a decision is made on the application.
What Happens after Form I-212 Is Approved?
After a Form I-212 has been approved, the applicant will be granted permission to reapply for admission to the United States. It is important to note that approval of the Form I-212 does not guarantee admission into the United States.
For example, if a person files the I-212 form, and they were previously present in the United States with a green card based on marriage to a United States citizen, the approval will not restore their green card or their right to remain in the United States.
The approval simply grants the individual permission to reapply for admission. That permission will come from a notice provided by the United States Citizenship and Immigration Services. The individual may then schedule a United States embassy/consulate interview and obtain travel documents. After entering into the United States, the individual may then receive a Green Card or Permanent Resident Card.
What Is “Illegal Reentry” After Deportation?
Once again, if a non-citizen has been subjected to removal or deportation from the United States, such actions generally also carry an order that the individual is prohibited from returning to the United States. As such, the term “illegal reentry” refers to any attempt by an individual to reenter the United States after that person has been removed or deported from the country.
It is important to note that the Immigration and Nationality Act defines illegal reentry very broadly. In general, reentry is considered to be illegal if a person attempts to enter the United States without government approval after:
- They have been denied admission into the country, such as a denial of a visa application;
- They have been excluded from entering the United States in immigration proceedings;
- They have been removed or deported from the United States; or
- They departed the United States while immigration proceedings for deportation, removal, or exclusion were pending or outstanding.
What Happens If an Immigrant Illegally Re-enters The United States After Being Deported?
Illegal or improper reentry is considered a serious offense and can result in an individual receiving a felony charge. This is because illegal reentry after deportation is considered to be a form of illegal immigration.
What Are the Penalties for Illegal Reentry into the U.S.?
In addition to penalties for related to a felony charge, other penalties for illegal reentry into the United States include:
- Bans on the individual’s ability to ever re-enter the United States legally; and
- Other criminal consequences, such as criminal fines and imprisonment.
What Can Immigrants Do If Accused of Illegal Reentry?
If an immigrant has been accused of illegal reentry, then they may be able to have the charges dismissed, if they can prove that their reentry was not illegal. This generally means they must demonstrate that they have relief from removal.
Relief from removal is an action taken by an individual going through the removal or deportation process that either delays their removal or prevents them from being removed altogether.
Relief from removal generally falls under one of two categories:
- Discretionary Relief; and
- Administrative/Judicial Relief.
How Can a Lawyer Help With Readmission Into the U.S. After Deportation?
As can be seen, readmission into the United States is often complicated. As such, if you need help with readmission into the United States after deportation, you should consult with an experienced deportation lawyer.
An experienced immigration lawyer will be able to assist you in going through the proper channels of reapplying with readmission into the United States. This includes assistance in properly filling out and submitting Form I-212. An attorney will also be able to represent you at any necessary immigration hearings or any other in-person proceedings.
