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In this article
- How long you’re barred from coming back
- How permission to reapply works
- The dangers of illegal re-entry
- Finding a path in the stars
- Frequently asked questions
- Is it possible to return to the U.S. after being deported?
- What is a Form I-212 waiver?
- What happens if I try to come back to the U.S. illegally after being deported?
- Does marrying a U.S. citizen help me come back after deportation?
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If you get deported can you come back to the US?
- 3 Min read
For those who have been removed from the United States, the experience of deportation is devastating. It often means being separated from family, friends, and the life they have built. In the aftermath, one of the most pressing questions is, "If you get deported, can you come back to the US?" The answer is that it is possible, but it is extremely difficult, and for many, it is not a realistic option.
U.S. immigration law is designed to make returning after a deportation a long and challenging process. A person who has been deported cannot simply apply for a new visa and return. They face legal bars to re-entry that can last for many years, or even a lifetime.
This article will explain the legal hurdles to returning to the U.S. after deportation and the limited options that may be available.
How long you’re barred from coming back
When a person is deported, they are automatically barred from re-entering the United States for a specific period. The length of this bar depends on the reason for the deportation.
- The 5-Year Bar: This applies to individuals who were removed through an expedited removal process or who failed to attend their immigration court hearing.
- The 10-Year Bar: This is the most common bar and applies to those who were ordered removed by an immigration judge after a hearing.
- The 20-Year Bar: This applies to individuals who have been deported more than once.
- The Permanent Bar: This applies to those who were deported after being convicted of an aggravated felony. It also applies to anyone who re-enters or attempts to re-enter the U.S. illegally after a previous deportation.
These bars mean that even if a person would otherwise be eligible for a visa or a green card, they cannot be admitted to the U.S. until the bar has expired.
How permission to reapply works
In some limited circumstances, it is possible to ask the U.S. government for permission to return before the bar has expired. This is done by filing a Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal. This is usually referred to as a waiver.
Obtaining this waiver is not easy. The applicant must convince the government that they deserve a second chance. They must also show that there are compelling reasons why they should be allowed to return.
Factors that are considered include:
- The reasons for the deportation.
- The applicant's character and ties to the U.S., such as having close family members who are citizens or permanent residents.
- The hardship that their family in the U.S. would face if they are not allowed to return.
- The length of time since the deportation.
Even if the waiver is approved, it does not guarantee re-entry. It only removes the bar. The person must still independently qualify for a visa or green card.
The dangers of illegal re-entry
Facing a long bar to returning legally, some individuals may consider re-entering the United States without permission. This is an extremely risky choice with severe consequences. Illegal re-entry after a deportation is a federal felony.
A person who is caught can be prosecuted and sentenced to prison. After serving their sentence, they will be deported again and will almost certainly face a permanent bar to ever returning legally.
Finding a path in the stars
If you get deported can you come back to the US? This is one of the most immediate and painful questions people face after removal. The reality is sobering: the path back is narrow, the obstacles are significant, and success is far from guaranteed. For many, the bar to re-entry can last years or even a lifetime.
When facing such overwhelming circumstances, people have always turned to sources of guidance to find their way forward. Just as the movements of celestial bodies have helped travelers navigate through the darkest nights, understanding the legal realities of your situation can illuminate the path ahead.
Our ancestors knew that by reading the patterns in the sky, they could anticipate what lay beyond the horizon. In the same way, knowing the specific bars to re-entry, the requirements for waivers, and the realistic chances of success allows you to chart your next steps with clarity, whether that means pursuing a return to the U.S. or building a new future elsewhere.
Frequently asked questions
Is it possible to return to the U.S. after being deported?
It's possible in some limited cases, but very difficult. When people ask, "If you get deported, can you come back?" the answer depends on why you were deported. Most people face a bar of 5, 10, or 20 years, or even a permanent bar. These legal restrictions make returning extremely challenging.
What is a Form I-212 waiver?
It's an application asking the government for permission to reapply for admission to the U.S. before your legal bar to re-entry has expired. This waiver is difficult to get approved and requires showing compelling reasons why you should be allowed to return, like extreme hardship to U.S. citizen family members.
What happens if I try to come back to the U.S. illegally after being deported?
Illegal re-entry is a federal felony. You can be sent to prison and then deported again, likely with a permanent bar to returning. This choice carries severe legal consequences and almost guarantees you'll never be able to return legally.
Does marrying a U.S. citizen help me come back after deportation?
It can help in some cases, as it provides a basis for a green card application and can be a positive factor in a waiver application. However, marriage doesn't automatically erase the bar to re-entry. You still need to wait out the bar or get a waiver approved.
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