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How to get back to the U.S. after a Deportation Order

Been Deported? Apply for the Permission to Reenter.

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.

Another win for the Law Offices of Brian D. Lerner

Permission to Reenter granted after only 3 months after deportation order issued. Now, client is not barred for another 9 years and 6 months from coming back to the U.S.

How to get back into the U.S. after a deportation

I’ve been deported. Now What?

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.

Is it possible to go back to USA after life deportation?

It is possible to come back, but some will depend on why you were deported, how long the deportation bar was and whether you have any petitions pending. Generally, you need to do the Permission to Reenter, Waiver of the 10 year bar and Consulate Processing. I would need more specifics from your case.

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