If you ever been deported from United States because of violation of visa terms, or felony crimes you can come back to United states legally through a legal process.
The legal process is complicated and depends on a lot of factors. If you ever been deported from United States and you are deemed as inadmissible for 5 years or 10 years or forever you may be able to get a relief and come back legally. It depends on the level of your crime, your family connection and discretion of the United States Customs and Immigration (USCIS)
How long you will be consider inadmissible (unable to enter the country)
- If you been detained at the entry port for possessing fake documents or if you ever violated your visa terms and detained by ICE you will be removed and inadmissible for 5 years. (only if your over stay is less than 180 days ) But if you have over stayed your visa for more than 180 days then you will be inadmissible for 10 years
- If you are been convicted a felony (assault, possession of drugs) you will be inadmissible for 10 years or your green card may be revoked.
- If you been in removal proceedings before an immigration judge and he ordered your deportation you will be unable to enter for 10 years
- If you been deported once and then re-enter again without a valid visa or permission you will be banned for 20 years
- If you been deported once then re-entered and deported and again re-entered then you will be banned for permanent.
- If you are found guilty of murder or you have connection with any gang affiliation or serious drug offense you will be banned for permanent.
Getting permission to re-enter with an immigrant or a non-immigrant visa
You need fill a form called i-212. Which basically means you are creating a case where you are showing the US government the reasons to waive the bar and let you inside the country. And as an applicant you have the burden to prove your qualification.
Here are some key points you can show:
- Your deportation can extremely make life difficult of your wife or children who are US citizen or permanent resident (green card holders)
- You never had any criminal conviction or the charges been dropped and you been established a good moral character by the time you been outside of the United States. If you been charged for drug possession you can show that you been in the rehabilitation program and you overcome your addiction problem.
- If you owned a business in United States and many US citizen working under your direction you can also show this as support.
- Your return to the United States can benefit the economical and public community, you can use your church’s supporting letters and
Entering in the United States without permission is a crime.
When you apply for i-212 and approved there should be a immigrant or non immigrant visa available for you. Please remind that under Trump administration the processing time for i212 has increase 200% than normal processing time. A recent data is suggesting the waiver from processing has increase from. Remember the approval of for i212 is a discretion by the USA government, so you need to make sure your case is a strong case.
More details on i-212 waiver
Please consult with an immigration attorney to see if you eligible to re-enter the United States and start the process