I’ve been deported. Now What?
Question: I was recently deported back to the Philippines. Now what do I do?
Answer: First, you can apply for what is known and the Permission to Reenter or the Permission to Reapply for Admission to the U.S. This is not the total solution, but it is a very important part to being able to come back to the U.S.The petition must be prepared correctly and must have a lot of supporting documents and evidence to receive a favorable review.
Question: So what should I include in the Permission to Reapply?
Answer: There are several items that you should include by way of evidence, declarations, affidavits and other supporting materials. They are family ties within the United States; residence of long duration in the United States, particularly when starting at a young age; hardship that would result if permanent residence is denied; service in the U.S. armed forces; employment history; property or business ties; value and service to the community; genuine rehabilitation; payment of taxes; and any other evidence of good character.
Question: What should I submit with the Permission to Reapply to give me a better chance of success?
Answer: The I-212 Permission to Reapply must have lots of supporting evidence. Otherwise, it will certainly be denied. The applicant must normally submit the following: The applicant’s moral character; the need for the applicant’s services in the United States; whether the applicant was ignorant of the fact that he or she was deported; the length of time the applicant had been in the United States; the reason the applicant was originally deported; hardships resulting from the deportation; recency of the deportation or removal order; evidence of reformation and rehabilitation; the applicant’s family responsibilities and ties in the United States; and the existence of an approved immigrant visa petition for the applicant.
Question: What if a friend of mine has reentered illegally after a deportation order? Can he apply in the U.S.?
Answer: It will depend upon what jurisdiction he is in, but should if 10 years have passed and ICE has not yet instituted reinstatement proceedings. If ICE declines to reinstate the order, USCIS then can adjudicate the waiver.
Question: What is the procedure I must follow in order to get the Permission to Reapply filed?
Answer: The application for consent to reapply is made on Form I-212 (Application for Permission to Reapply for Admission Into the United States After Deportation or Removal). A person seeking permanent residence through adjustment of status must file the application with the USCIS office having jurisdiction over the place where the applicant resides. If the person is applying for adjustment before the IJ, the I-212 must be referred to the IJ. A person applying for permanent residence at a U.S. consulate must file the application with the USCIS office having jurisdiction over the place where the deportation or removal proceedings were held.
An exception to this requirement of filing with USCIS occurs where the applicant must file both an I-212 request for permission to reapply and an I-601 application for an INA §212(g), (h), or (i) waiver. In that case, the I-212 must be filed at the U.S. consulate having jurisdiction over the applicant’s place of residence. Persons who will apply for permanent residence through a consulate may file Form I-212 with the USCIS regional service center prior to leaving for the visa appointment.
The applicant should attach the filing fee (current fee for filing the I-212 is $545) and the following supporting documents to Form I-212: Immigrant visa approval notice; proof of USC or LPR family members in the United States; a copy of the final deportation or removal order; proof of current and prior employment; proof of filing federal and state taxes; medical records or doctor’s statement indicating health-related problems; and results of FBI fingerprint check indicating criminal record; and any other evidence as listed above.
Make sure it is done professionally so that you have a higher chance of success.
Filed under: Immigration Attorney | Tagged: Brian D. Lerner, brian lerner, california immigration attorney, california immigration lawyer, criminal waiver, Deportation, deportation attorney, deportation lawyer, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, los angeles immigration attorney, los angeles immigration lawyer, permission to reapply, Permission to Reenter, re-entering the u.s., waiver, waiver of the 3/10 year bar |
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 
Permission to Reenter, Consulate Processing and Waiver of the 3/10 year bar
There are three packages that must be completed. The Consulate Processing, the Permission to Reenter and the Waiver of Inadmissibility. A Consulate Processing package needs to be done for the Family Petition. This is a petition that will allow your loved one to come to the U.S. Our firm can prepare the Consulate Processing package which goes through U.S. Immigration, the National Visa Center and then the Consulate, so it goes smoothly and correctly.
A Waiver of Inadmissibility will have to be obtained. This is a package that will include a legal brief, forms, documents, exhibits and declarations. My firm can prepare the entire waiver, and attach all of the necessary documents. It will take several months for the decision, and if done correctly, there is a good chance of an approval. The Waiver essentially makes the ground of ineligibility (i.e., the 3/10 year bar) disappear so that the you will be allowed entry into the U.S.
You will also need to have a Permission to Reenter done so that the deportation bar will be lifted. This is a complete package that goes to the District Director to allow entry into the U.S. many years prior to when the deportation order would allow.
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97 Feb recieved letter petition aproved for my daughter
vsa is not available. its going 14 yrs. whats her chance
of getting that vsa.
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I overstayed in the US after my student visa lapsed. I went through a deporation hearing and decided to go home on my own.
I am not supposed to reapply to enter the US for ten years( that period ended in 2005?) In the meantime, an US citizen came to the Philippines and we got married here. She later petitioned me to join her. But the process never got to the finishing line.
Can I still apply to enter the US as a visitor, to visit my brother and his family. If I still may, what steps should I take and requirements I must need to fulfill?
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I left U.S. after staying for more than 5 years and 4 months. I entered U.S. by using a Non-Immigrant Visa (Tourist) and then tried to apply for a working permit but was not able to get one. I went home last 2004 and I do not have any intention of coming back. What I need right now is a C1-D Visa for Seaman in the Philippines just for the purpose of getting employed. It is the requirement of every shipping company that every seafarer they hire to have that visa. I almost got one but because I dont’ want to lie I told the consul that I overstayed in the U.S. way back 1999 then she refused to give me the said visa for seaman. I really need this visa just for my work and to have the opportunity to make a living for my family. What I want to know is how I can persuade the consul to give me one once I re apply. Thanks and more power to you. God Bless.
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