Seeking Entry into the United States Following Removal

If you or a loved one has been removed or deported from the United States for any reason at all, you likely have some feeling of uncertainty as to whether or not you will be allowed to lawfully reenter the United States in the future.  When seeking to return to the United States after removal, United States immigration authorities will thoroughly evaluate your situation to see if you are a candidate for reentry.  It is no surprise that a great number of individuals are denied reentry, especially given just how many individuals are seeking reentry into the United States after removal.

How Long Do I Have to Wait Before Applying for Reentry into the United States?

Depending on the nature of your removal/deportation proceedings, and how serious the conduct was that ultimately led to removal, you may be required to remain outside of the United States for anywhere from five years to twenty years, and that’s only if your request to reenter the country is granted.  You may be permanently banned from reentry if certain conditions are present.  It is important to remember, however, that there are exceptions to most rules, so regardless of what you believe regarding your situation, it is important to consult with a Immigration Attorney who can investigate your case to determine your eligibility for lawful reentry into the United States.

Order of Removal v. Voluntary Departure

Whether you have been ordered out of the United States due to criminal activity and/or any other conduct resulting in the violation of United States immigration law, or whether you chose to voluntarily depart the United States by a specific date, you may be able to reenter the United States in the future if you qualify.  One positive aspect of voluntary departure is that this does not show up as an order of removal on your immigration record.  However, you still may be required to remain outside of the United States for a specified period of time before seeking reentry, depending on how long you were unlawfully present in the United States prior to voluntarily departing after removal proceedings.

Bans on Lawful Reentry into the United States

If an order of removal was issued against you, the time you must remain outside of the United States is based upon why you were removed from the United States.  Bans on lawful reentry into the United States include the following:

  • 5-Year Ban – If you were removed/deported from the United States upon arrival at a United States port of entry due to inadmissibility (or if you were removed/deported following removal proceedings regarding your inadmissibility at a United States port of entry), you may be required to wait five years before seeking lawful reentry into the United States.
  • 10-Year Ban – If an immigration judge issued an order of removal against you after you had been residing in the United States, depending on the reason for removal, you may have to wait ten years before seeking lawful reentry into the United States.
  • 20-Year Ban – If an immigration judge issued an order of removal that indicates you must wait five or ten years before seeking lawful reentry into the United States, and you seek to enter the United States unlawfully before that time period is up, an immigration judge may extend the period of time you must wait and this could result in a twenty-year ban.
  • Permanent Ban – If an immigration judge issued an order of removal due to prior criminal convictions (such as aggravated felonies, for example), due to your unlawful entry into the United States following removal, or because you have reentered the United States after previously being in the United States unlawfully for more than one year, then you are at risk for being permanently banned from lawfully reentering the United States in the future.

The immigration process in the United States is difficult enough.  Facing removal proceedings and seeking reentry into the United States following removal are even more difficult for many individuals.  Having a strong advocate by your side can provide you with the support and guidance you need to increase the chances of lawfully returning to the United States.

Contact the Immigration Lawyers of Ariano & Reppucci, PLLC Today

If you or a loved one has been deported (“removed”) from the United States, you may have a tough road ahead of you when it comes to reentering the United States, depending on the unique facts of your case.  However, there are ways for some individuals to lawfully reenter the United States after removal so long as certain requirements are met.  To find out if you or a loved one may qualify for reentry into the United States following removal, it is important that you speak with a qualified Immigration Attorney to discuss your options.  At Ariano & Reppucci, PLLC, our skilled Arizona Immigration Attorneys use all available resources to help their clients find a way back into the United States.  If you would like to discuss your immigration matter with one of our Immigration lawyers, contact Ariano & Reppucci, PLLC today by calling (623) 552-6168 to schedule your initial consultation.  When calling our office, you will be immediately directed to an attorney.  We are available 24/7 to answer your questions and alleviate your concerns.