Can We Come Back To The United States After Being Expelled?
Suppose a person is deported from the United States. In that case, their life and their ability to make a living will be turned upside down, and that’s before taking into account the possibility of other long-term effects. After being deported, is it possible that you will never be able to return to the country? Is it impossible to regain legal status or citizenship after being deported from a country? Continue reading for information on how to re-enter the United States after having been removed from the country. If you are in need of assistance in New York with obtaining a green card, citizenship, visa, or defence against deportation, you should get in touch with an expert Queens, NY Immigration Lawyer.
Decision To Leave Vs. Being Forced To Leave
You must get an immediate answer as to whether or not you were “deported.” Depending on whether you left the country voluntarily or were removed because of an order from an immigration court, different restrictions will apply to your return. If you were granted permission to leave voluntarily but failed to do so by the specified date, for instance, your permission to leave would be turned into an order of removal. If someone leaves the country voluntarily, but it is later determined that they entered the country illegally, they may be prevented from entering it for several years.
Departure Dates For Removal Orders
Even though there is an order to deport or remove you from the country in your immigration file, there is still a chance that you could be eligible for readmission to the country after a certain amount of time has elapsed. The immigration court has the authority to decide whether you are eligible for readmission to the United States after 5, 10, or 20 years. This decision is based on the circumstances that led to your original deportation. Put another way:
- Suspension For 5 Years
A five-year readmission ban may be imposed on noncitizens who were summarily removed or deported upon arrival at the U.S. border because they were ruled inadmissible, or removed immediately after entering the United States. It is important to note that the five-year prohibition applies to noncitizens who fail to appear at their removal hearings.
- Limitation Of 10 Years
After a thorough removal hearing in Immigration Court, the noncitizen is barred from returning for ten years if the court issues a removal order.
- Limitation For 20 Years
Only foreign nationals who commit serious crimes are subject to a suspension that lasts 20 years. There is a mandatory 20-year ban on entry for noncitizens who have been deported for an aggravated felony, who have received multiple removal orders, who illegally re entered the country after being removed, or who had been present in the country for more than a year without authorisation (absent special consent).
Launch Abort And Rapid Re-Entry
A noncitizen’s time limit for reentering the nation may be extended under special conditions. The noncitizen must follow a conventional legal procedure to enter the nation, such as being sponsored by an employer or family member or obtaining a student visa. The noncitizen must first seek a waiver that “forgives” the prior removal order before submitting the visa or green card application. Noncitizens who have recently obtained a green card or visa and have been outside the country are allowed back into the country with the help of this waiver.
In some cases, minimum time commitments may still be required. A non-citizen who was given a 20-year ban must wait at least 10 years before submitting a re-entry application.
Reach out to the devoted and passionate Queens immigration lawyers if you or a loved one are experiencing problems with your immigration status or if you are seeking reentry, asylum, protected status, citizenship, or permanent residence.