Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

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.

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