Bars After Deportation: When Can You Return?

Bars After Deportation: When Can You Return? After deportation, the length of a U.S. reentry bar depends on how you were removed and your immigration history. Common bars are 5, 10, or 20 years, while certain unlawful reentries can trigger a permanent bar. Returning may require Form I-212, and additional waivers may be necessary depending on the circumstances. Why the Reentry Bar Varies The consequences of deportation depend on the type of removal and your prior immigration history. 5-year bar: May apply after certain expedited removals or some other types of removal. 10-year bar: Commonly applies after a removal order issued following immigration court proceedings. 20-year bar: Can apply after multiple removals or certain aggravated felony convictions. Permanent bar: May apply after certain unlawful reentries following significant unlawful presence or a prior removal. These rules can overlap, so reviewing your complete immigration history is important. Unlawful Presence Can Create Another Bar Removal bars are separate from the 3- and 10-year unlawful-presence bars under INA § 212(a)(9)(B). Generally, more than 180 days but less than one year of unlawful presence before departure can trigger a 3-year bar. One year or more can trigger a 10-year bar. A person may therefore face multiple grounds of inadmissibility requiring different forms of relief. When Form I-212 May Be Needed Form I-212, Application for Permission to Reapply for Admission, may allow someone with a prior removal to seek permission to return before the applicable removal bar expires. USCIS or the appropriate agency considers factors such as: Family ties in the United States Time since removal Immigration violations Criminal history Reasons for seeking reentry Form I-212 does not erase the removal order. Depending on the circumstances, an additional waiver such as Form I-601 may also be required. Avoid Making Reentry More Difficult Do not attempt to reenter the United States without authorization after removal. Certain unlawful reentries can trigger the permanent bar and may also result in criminal consequences. Other problems include: Applying for a visa without addressing a prior removal Filing for a waiver too early or using the wrong form Failing to disclose previous immigration violations Assuming marriage to a U.S. citizen automatically removes a reentry bar Marriage may provide a basis for an immigration petition or waiver, but it does not automatically cancel a bar. Why Your Immigration History Matters The applicable bar depends on your specific history, including: Type of removal Prior entries and departures Unlawful presence Criminal history Previous removal orders Time spent outside the United States Two people with similar removal histories can have different options. Before applying for a visa, waiver, or permission to reenter, gather your removal orders and previous immigration records and have the complete history reviewed. The correct strategy depends on which bars and grounds of inadmissibility apply. Lincoln-Goldfinch Law - Abogados de Inmigración 14150 Huffmeister Rd Ste 200, Cypress, TX 77429 (346) 585-2335 https://www.lincolngoldfinch.com/our-locations/cypress/