Can I Re-Enter the U.S. After Getting Deported?
Can I Re-Enter the U.S. After Getting Deported?
Immigration law is strict in the United States, so you have to know what you’re doing to achieve your goals regarding your right to be in the country. Getting into the United States once is challenging enough, but it begs the question: Can I re-enter the U.S. after getting deported?
The short answer: Yes, but it’s very difficult.
It can be beneficial to work with a local New York immigration lawyer if you want to return to the United States after being deported. Regardless of whether or not you seek legal representation, it’s also helpful to understand the nature of immigration and how deportation can affect you.
Immigration in the United States
Immigrants account for 40 percent of the population in New York City and 14.3 percent of the nation’s population, and that’s not even factoring in the unauthorized immigrants. That said, the threat of deportation impacts approximately 22,942,000 people in the United States who report living with at least one immigrant parent. If something happens that threatens a parent’s right to live in the country, it’s important to know how to get back once you’re deported.
The top three birthplaces for U.S. immigrants include Mexico, with 10.6 million people; India, with 2.8 million; and China, with 2.5 million. The main reasons people immigrate to the United States are to get an education, reunite with family, seek asylum, or take advantage of economic opportunities.
Out of all citizens naturalized in fiscal year 2024, 70 percent resided in just 10 states. The third leading state with the most naturalized citizens was New York. This state is one of the main points of entry into the United States, and it’s important to have clear laws in place regarding immigration. Our job at PPID is to uphold these laws and ensure everyone is being treated fairly under them.
The Immigration and Nationality Act (INA) governs immigration policy in the United States. This law allows the country to grant up to 675,000 permanent visas to immigrants every year. Under the INA, there is no limit on admittance for U.S. citizens’ children, parents, and spouses. The law also dictates what your options are after you’ve been deported from the United States.
How to Return to the United States if You Get Deported
First things first, you must figure out whether or not you had an order of removal when you left the United States. If you’ve been given an order to deport, it’s going to be difficult to re-enter the country. If you want to live in the U.S. permanently again, you must apply for an immigrant visa to get a green card.
To do so, you must get two things:
- Approved visa petition. You can get an immigrant visa through family-based immigration or employment-based immigration. You may also be able to obtain one by entering the diversity visa lottery.
- Waiver of inadmissibility. You must complete an interview with the U.S. embassy to determine your eligibility to obtain a visa. You must also request a waiver for having been deported in the past.
Generally speaking, you must wait a period of 10 years before returning to the United States if you are deported. This time period may vary depending on your situation. If you’re unsure whether or not you have an order for removal in your name, reach out to an NYC immigration lawyer to help with your case.
Your Local New York Immigration Lawyers
Pollack, Pollack, Isaac & DeCicco, LLP, is one of the oldest immigration law firms in New York. Our doors opened over 60 years ago, though our attorneys bring over 100 years of combined experience to the table. We understand the nuances of immigration law and have helped our clients through a wide range of issues regarding their status and ability to live in the country.
In addition to all the positive feedback we’ve received from our clients in the past, our hard work has earned us recognition as one of the “Best Law Firms” in New York City by the U.S. News and World Report – Best Lawyers®. You can count on us to work diligently for you, just like we have for every client in the past.
FAQs
Q: What Happens if I Re-Enter the United States Illegally?
A: If you are ordered to be deported from the country and come back without permission, you can face criminal charges such as hefty fines and time in prison. The government is also likely to quickly deport you again without letting you see a judge. This is known as reinstatement of removal.
Q: How Do I Find the Right Immigration Lawyer?
A: Finding the right immigration lawyer requires time and research. It’s important to consider your needs and determine what you need from your attorney. Be sure to look at the services they offer and the cases they’ve worked on in the past. You want to partner with a legal professional who has a proven track record of success.
Q: What Can Trigger a 10-Year Ban From the United States?
A: If you receive an order of removal from the United States for any reason, you typically must wait a certain period of time before you’re able to return. Barring any aggravating factors, this time period is likely going to be 10 years. You can apply for a waiver to bypass this waiting period if you wish to return sooner.
Q: How Can I Avoid Getting Deported After Receiving Criminal Charges?
A: Criminal charges can have a significant impact on your immigration status. More specifically, it can lead to the revocation of your rights to live in the country and lead to an order of deportation.
To avoid this fate, it’s wise to work with a qualified New York immigration lawyer. They can evaluate your case, negotiate deals, and represent you in court in order to secure a fair outcome.
Learn More From a Local NYC Immigration Lawyer Today
If you’re ready to discuss your situation in more detail, a lawyer from Pollack, Pollack, Isaac & DeCicco, LLP, is here to help. Contact us to set up an appointment with our team today.
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