How To Reenter the U.S. Legally After a Deportation

If you have been removed from the United States because you overstayed a visa or have violated the terms of your status, you might assume that you will never be able to return to the United States. However, this is not always the case. There are some circumstances in which you may be able to regain entry.

Playing the Waiting Game

One option is to simply wait until you are allowed to return. When you are deported, you will usually be barred for a certain number of years. Then, you will be allowed to apply for a visa again. However, if you speak with an immigration law attorney, they may have other ideas for how you may be able to legally reenter the United States. 

Regardless of the length of time, you may feel as if you are practically barred from the United States forever. In some cases, you may even be barred permanently. However, being barred permanently usually requires that you commit a serious crime such as an aggravated felony. 

Alternative Ways of Entering the United States

There might be a different way you may be able to reenter the United States. This could include a temporary visa or a non-immigrant visa. However, you will want to ask your attorney about how soon you may be able to enter the United States using this type of visa.

Next, your attorney will instruct you on how to proceed with applying for permission to obtain a U.S. visa. However, your attorney may recommend that you address the previous issue that caused you from being deported in the first place. You may need to apply for a waiver. 

Stay of Removal

A "stay of removal" allows you to remain in the United States for a limited period of time. However, your previous removal order must be reinstated. An immigration attorney can help you with this process.

The Importance of Speaking With an Attorney

If you try to return to the United States after you have been barred from returning, you may be convicted of a crime. You will have the right to a trial and you will have the right to plead guilty or not guilty. If you are found guilty, you may be forced to pay a fine and spend up to two years in prison.

Immigration lawyer services can help you instead take an approach that will maximize your chances of gaining lawful reentry into the United States.