I was deported. Now what?
Question: I was previously deported and want to come back to the United States. Can you let me know what I can do? I heard I have to do a Waiver for the crime and Consulate Processing through my wife. Is there anything else?
Answer: Since you have mentioned you are doing the Waiver and the Consulate Processing, I will concentrate on what must be done that you are missing. It is called a Permission to Reapply and is necessary because of your deportation order.
Question: OK, but what exactly is a Permission to Reenter?
Answer: The opportunity to apply for relief for inadmissibility is scant for the vast majority of foreign nationals subject to this ground, due primarily to the rule that the foreign national must have spent 10 years outside the United States before applying for relief or 5 years depending if it was an expedited removal order or even up to 20 years. However, there are exceptions to this rule. One must apply for the Permission to Reenter in order to essentially erase the ‘deportation’ bar. It does not erase grounds of inadmissibility of which a Waiver would be needed, but is critical to successfully coming back to the U.S. Any alien who has been deported or removed from the United States is inadmissible to the United States unless the alien has remained outside of the United States for five consecutive years since the date of deportation or removal. If the alien has been convicted of an aggravated felony, he or she must remain outside of the United States for twenty consecutive years from the deportation date before he or she is eligible to re-enter the United States. Any alien who has been deported or removed from the United States and is applying for a visa, admission to the United States, or adjustment of status, must present proof that he or she has remained outside of the United States for the time period required for re-entry after deportation or removal. The examining consular or immigration officer must be satisfied that since the alien’s deportation or removal, the alien has remained outside the United States for more than five consecutive years, or twenty consecutive years in the case of an alien convicted of an aggravated felony as defined in section 101(a)(43) of the Act.
Basically, sn alien who is inadmissible because of a prior deportation order under the Immigration and Nationality Act (INA) files Form I-212 to obtain “consent to reapply for admission” that is required before the alien can lawfully return to the United States. “Consent to reapply” is also called “permission to reapply.”
Question: Is it just the form that must be used?
Answer: No. That is only the beginning. There must be a cover letter explaining eligibility and convincing the officer to grant the Permission to Reapply along with declarations, medical documents, hardship documents and all supporting evidence.
Any alien who does not satisfactorily present proof of absence from the United States for more than five consecutive years, or twenty consecutive years in the case of an alien convicted of an aggravated felony, to the consular or immigration officer, and any alien who is seeking to enter the United States prior to the completion of the requisite five- or twenty-year absence, must apply for permission to reapply for admission to the United States as provided under this part.
Question: Can I just stay in the United States for the required period of time and then get the visa to come back?
Answer: No. This is time outside the United States. Therefore, if you have not been outside the United States for the requisite period of time you need to apply for the Permission to Reapply.
Question: How long must I wait to apply for this?
Answer: You can apply the day after you get the deportation order. There is no statutory time to wait to apply. However, it is not easy to get approved, so it must be prepared completely, fully and with all types of supporting evidence.