As a visa holder in this country, you may find yourself at a hearing in front of the United States Department of Justice (DOJ) immigration court if you are accused of violating your visa terms, participating in criminal or fraudulent activities, becoming a security threat or public charge, or other unfavorable actions. And if the DOJ judge concludes that your deportation proceedings must commence, the United States Immigration and Customs Enforcement (ICE) may step in to detain and deport you, or ask that you make personal arrangements to exit the country. At any rate, as soon as you step foot out of the country, you may be desperate to return. Well, for this, please follow along to find out how to legally reenter the U.S. after a deportation order and how one of the proficient deportation defense lawyers at Lupton Law LLC can help effectively fight for your reentry.

How can I legally reenter the U.S. after a deportation order?

The most comprehensive way to legally reenter the United States after a deportation or removal order is to file Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal. Here, you must supplement your form with evidence of the circumstances surrounding your prior deportation or removal (i.e., reason for removal, date of removal, proof of time spent outside the country, etc). You may also provide favorable factors that may strengthen your petition, such as proof that you have a close familial connection with a U.S. citizen or permanent resident, have undergone necessary reform or rehabilitation, or otherwise. Lastly, you should include the required $1,175 filing fee.

What happens if I attempt to reenter the country without a waiver?

Importantly, you may have to wait a certain amount of time before initiating this petition, regardless of your extenuating circumstances for wanting to return to the United States. For example, if you were initially ordered to stay out of the country for 20 years, you may have to wait at least 10 years from your last departure date before electing this option.

So, if you attempt to reenter the country without a waiver, you may be considered an illegal presence. This may constitute a serious crime and subsequently call for significant penalties. Namely, with an illegal reentry, you may face up to two years in prison and a hefty fine. However, your prison sentence may be rapidly upgraded to 10 years if the reason for your previous removal was for committing a single felony offense, or 20 years if you committed an aggravated felony offense. This is not to mention that you will, once again, be deported or removed from the country. But this time, you may be permanently banned from reentering, without an option for a waiver.

We advise you to reach out to one of the talented deportation defense lawyers sooner rather than later. We are confident that you will not regret retaining the services of our team at Lupton Law LLC.