Can You Return to the United States After Deportation?

For many U.S. immigrants, deportation is one of their biggest fears. Getting a green card, qualifying for a non-immigrant visa, or even just getting to the U.S. often isn’t easy. Learning that all your work was in vain must be overwhelming and scary.

Despite what most people think, being deported doesn’t mean you can never re-enter the United States. Deportees can apply to return to the U.S., and, depending on the reason for their removal, the immigration authorities may allow it.

In this article, we’ll discuss how a person can apply to re-enter the U.S. after deportation. Keep in mind that while many people use the word “deportation” to refer to this process, the courts and U.S. government will usually call it “removal.” We’ll use these terms interchangeably. 

If you need help with your immigration case, it’s best to consult with a local immigration attorney. The process of re-entering the U.S. after removal is extremely complicated, and your options depend on the specific facts of your case.

First, let’s go over some of the most common reasons a person would face removal proceedings and the factors that impact their request to return.

Common Reasons for Removal from the U.S.

Immigration and Customs Enforcement (ICE) generally cannot remove non-citizens without a valid reason. Unfortunately, many people, including current or former lawful permanent residents, are not fully aware of the triggers for deportation.

The reasons for removal generally fall into two main categories: immigration violations and criminal offenses.

Immigration Violations

These are some of the most common violations of immigration laws and regulations that can lead to removal proceedings:

• Overstaying your visa: Remaining in the U.S. beyond the authorized period
• Failure to maintain immigration status: Not complying with the terms of your visa or status
• Not updating your address with the government: Failing to notify USCIS of address changes as required
• Unlawful voting: Participating in elections when not eligible
• Entering the country illegally: Crossing the border without proper documentation or inspection
• Documentation fraud: Using false documents or providing fraudulent information
• Lying on your visa application: Providing false information during the application process

Other common triggers include working without authorization or violating student visa requirements.

Criminal Offenses

Certain criminal convictions can also make non-citizens removable, regardless of their immigration status:

• Aggravated felonies: A specific category of crimes defined by immigration law (including some misdemeanors under state law)
• Crimes involving “moral turpitude:” No specific definition, usually offenses involving dishonesty, fraud, or offenses involving minors, such as child pornography
• Drug-related offenses: Including possession, trafficking, or distribution of controlled substances
• Domestic violence crimes: Including domestic violence, stalking, and child abuse
• Firearms offenses: Illegal possession, trafficking, or use of weapons
• Crimes against national security: Including terrorism-related offenses
• Being deemed a threat to public safety: Based on criminal history or other factors

Of course, this list is not exhaustive. The specific consequences depend on your immigration status, the nature of the offense, when it occurred, and other factors. Depending on the reason for your removal, there may be options to apply for permission to return to the country.

Do Immigration Authorities Allow Deportees to Return to the U.S.?

If an immigration judge or the Department of Homeland Security (DHS) orders deportation after removal proceedings, the person must leave the United States. The removal process can take a long time, and there are ways to fight it. Your chances of avoiding removal are generally better than your chances of re-entering after deportation.

However, there are circumstances where a person can’t realistically avoid removal. For example, someone who is caught at or near the border without the proper documents can face expedited removal. In that case, they never even go before a judge.

Whether a person is eligible to re-enter the U.S. depends on several factors, including:

• Reason for removal
• The number of prior violations
• The reason for requesting re-entry

Essentially, you must convince the immigration court that you deserve a second chance. The court will consider all the different factors at play in the case when making its decision. However, there are mandatory waiting periods for certain offenses before you can apply for permission to reapply for admission to the U.S.

Some cases for re-entry are harder to make than others. For example, someone convicted of an aggravated felony (discussed below) faces an almost complete bar to reentry, with a few exceptions.

Illegal re-entry after removal is a federal crime. It can result in significant prison time and greatly reduces the chance of re-entering in the future.

What Is an Aggravated Felony?

For purposes of removal and re-entry, Congress defines an aggravated felony differently from many state laws. A criminal charge can be a misdemeanor or petty offense under state law and still qualify as an aggravated felony under immigration law.

The Immigration and Nationality Act (INA) outlines crimes that qualify as aggravated felonies for immigration purposes, including, among others:

• Murder
• Rape
• Sexual abuse of a minor
• Illegal trafficking of a controlled substance
• Illegal trafficking of firearms or explosive devices
• Money laundering (more than $10,000)
• Tax evasion
• Bribery, counterfeiting, or forgery
• Alien smuggling
• Fraudulently procuring immigration benefits
• Child pornography

If immigration officials issue an order of removal for any of the above, they can permanently bar you from re-entering the country. There are some exceptions, and the bar on reentry can be applied differently depending on your immigration status. This is why it’s essential to get help from an attorney — U.S. immigration law is extremely complicated.

There are also other crimes for which immigration authorities like U.S. Citizenship and Immigration Services (USCIS) will not allow re-entry, known as “crimes involving moral turpitude.”

What Are Crimes of Moral Turpitude?

“Crimes involving moral turpitude” do not have a specific definition under immigration law. They are generally offenses that society views as a lack of good moral character. For example, things like fraud and forgery. It can also include crimes of “unjustified violence” or use of a dangerous weapon.

In some cases, even a misdemeanor can be a crime of moral turpitude for the purposes of removal or a bar to re-entry.

How Long Is the Re-Entry Bar After Deportation?

As stated above, U.S. immigration laws require individuals to wait a specific amount of time before applying for re-entry. These “mandatory minimum” waiting periods depend on the nature and severity of the reason for removal.

The minimum time you must wait to submit your application for waiver of grounds of inadmissibility depends on the circumstances of removal:

• You must wait five years if the government deported you via expedited removal proceedings or deported you after starting removal proceedings at the time and port of entry.
• If the government deports, or if you leave the country voluntarily, while there is an order of removal pending, you must wait ten years to apply for reentry.
• If you already have two prior removals, the mandatory waiting period is 20 years.

After waiting the requisite time, you can file your application for re-entry. Depending on the complexity of the case, the process can take another one to three years or even longer.

Keep in mind that having a bar to entry lifted does not guarantee re-admission into the United States. It just means that after this mandatory waiting period, you can ask for permission to reapply.

Understanding Permission to Reapply vs. Actual Admission

It’s crucial to understand that getting permission to reapply for admission is not the same as being granted entry to the United States. This is a two-step process:

Step 1: Permission to Reapply (Form I-212)

• This waives the bar that prevents you from applying for admission
• Approval means you can now apply for a visa or other immigration benefit
• It does NOT guarantee you will be allowed to enter the U.S.

Step 2: Qualifying for Actual Admission

• You must still meet all requirements for whatever visa or status you’re seeking
• You must demonstrate you’re not inadmissible for other reasons
• Consular officers or immigration judges will make the final decision on admission

For example, if you were removed for overstaying a visa, getting an I-212 approval allows you to apply for a new tourist visa. However, you still need to prove you qualify for that tourist visa and won’t overstay again.

What is the Process to Re-Enter the Country?

If you believe you are eligible and have waited the necessary length of time, you can begin the process to request permission to reapply for admission. Remember, this permission does not guarantee entry—it simply allows you to apply for a visa or other immigration benefit that could lead to admission.

You must follow the exact steps and file the proper forms for an immigration judge to approve your request. These applications are generally done from outside the U.S. at a consulate in your home country. Most people must remain outside the U.S. during this process.

The basic steps for re-entering the United States after deportation are as follows:

• File Form I-212: This is the official application for permission to reapply for admission into the United States after removal. Approval of this form does not grant you entry—it only removes the bar preventing you from applying for admission.

• Provide Relevant Documentation: Submit all documents in support of your request, such as information regarding family ties or why the court should grant you eligibility to return. You may also need to submit a copy of your wedding certificate or the alien registration number and birth certificate if a family member is sponsoring you.

Some people will also submit Form I-601. This “Application for Waiver of Grounds of Inadmissibility, asks immigration authorities to waive certain grounds of inadmissibility based on extreme hardship to qualifying U.S. citizen or permanent resident family members.

Not everyone needs the I-601 waiver. It is only necessary if there are specific reasons a person is considered inadmissible beyond their previous removal. Like Form I-212, approval of an I-601 only removes barriers to applying—it doesn’t guarantee a visa or entry will be granted.

Remember, even if both Form I-212 and Form I-601 are approved:

• You still need to qualify for a specific visa or immigration status
• Consular officers can still deny your visa application

Success rates for re-entry after removal are generally low. The entire process can take years and cost thousands of dollars. That’s why it’s best to have an experienced immigration attorney help you with the application process. Not only will they ensure you file the correct forms, but they will also know how to frame your case in the best light.

An Immigration Lawyer Can Help Your Chances of Re-entering the U.S.

Immigration laws change frequently due to new legislation, higher court rulings, and other means. While FindLaw strives to provide readers with the most current information, it’s best to consult an immigration attorney to confirm the current laws.

If you’re facing deportation or want to re-enter the United States after removal proceedings, contact an immigration lawyer. Not only are they familiar with the immigration laws, but they will also help you throughout the re-entry process.