If you get deported, can you come back? The answer depends on the specifics of your case and why you were deported. Some people must wait years before applying to reenter the country, while others cannot return unless they first obtain a very limited waiver. Understanding the rules is essential if you or a loved one is facing or has already experienced deportation.
At EMP Law, we focus on helping individuals and families in North Carolina navigate complex immigration matters, including deportation defense and reentry options. Our attorneys work in the intersection of criminal and immigration law, where many deportation cases fall, and can help you understand your options and create a plan.
How Removal (Deportation) Works
Removal, often called deportation, is the process the U.S. government uses to order a noncitizen to leave the country. Being deported forces a person to leave their home and may interfere with their right to return for years afterward.
Before being deported, people are typically entitled to a hearing in immigration court and the chance to defend themselves. With few exceptions, the government can deport someone only after a court issues a final removal order. In some cases, however, the government can order removal without a full court process.
Removal Orders
The circumstances of your removal can result in different types of removal orders:
- Final order of removal. After a court hearing, an immigration judge issues an order of removal.
- Removal in absentia. When a person misses their immigration court hearing, the immigration judge can (and sometimes must) order them removed without hearing their case.
- Expedited removal order. When someone tries to enter the U.S. without valid documents or presents false information or documents to immigration officers. Does not require a full hearing before an immigration judge.
- Reinstatement of removal. When someone previously deported tries to return to the U.S. without authorization, the government reinstates the old removal order without opening a new case.
- Administrative removal. For noncitizens without lawful permanent resident status convicted of aggravated felonies, immigration authorities can issue an administrative removal order without going through the standard court process.
- Stipulated removal. In some cases, a person may agree in writing to removal without making their case before an immigration judge.
The context of your removal impacts the rules related to your possible return.
Voluntary Departure
In certain circumstances, Immigration and Customs Enforcement (ICE) or an immigration judge will offer voluntary departure instead of deportation. If you accept, you get a set amount of time to leave the U.S on your own.
If you depart as promised, you may avoid some or all of the harsh consequences of a deportation order. But if you fail to leave on time, voluntary departure automatically converts into a removal order, and the harsher penalties of deportation apply.
If Deported from the U.S., When Can You Return?
If you are deported from the U.S., when can you return? Federal immigration law imposes time bars, banning individuals from returning for a set period, based on the circumstances:
- Five years—when immigration officials deport someone through expedited removal;
- Ten years—when an immigration court orders removal;
- Twenty years—when the government removes someone more than once; and
- Permanent—when someone has an aggravated felony conviction or reenters the U.S. unlawfully after a prior removal.
Even after the required time passes, you cannot simply walk back into the country. To gain the right to return, you must qualify for, apply for, and receive a form of lawful status.
How Can You Come Back to the U.S. After Being Deported?
So, if you get deported, can you come back? Usually, those who qualify for some legal status in the U.S. may eventually return. Regaining eligibility is a matter of time passing unless you have been permanently barred.
How can you come back to the US after being deported? You can wait until the time bar expires, then apply for lawful status.
Otherwise, you must request permission to return, typically by filing Form I-212, Application for Permission to Reapply for Admission After Deportation or Removal, and Form I-601, Application for Waiver of Grounds of Inadmissibility. Generally, these forms require you to prove that there are compelling reasons to allow your return.
Move Forward with EMP Law
EMP Law has helped families across North Carolina deal with the most complex immigration issues, from bond hearings to long-term defense strategies. Our team also practices criminal law, where many issues intersect with immigration law, especially prior deportations.
If you want to know more about when returning is possible after deportation, contact EMP Law today.
Helen believes in providing caring, thoughtful and thorough representation for each and every person.
In particular, Helen focuses on helping individuals navigate the maze of rules, procedures and processes created by the United States Citizenship and Immigration Services and those facing criminal charges or deportation.
She represents clients facing criminal charges in both state and federal court. She is a member of the Criminal Justice Act panel of attorneys in the Middle District of North Carolina, and is admitted to practice before the Eastern, Middle and Western District Federal Courts as well as the Fourth and Eleventh Circuit Courts of Appeal.
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