If you’ve been deported, it is difficult—but not impossible—to get a new visa or green card. The reason why you were deported is one major factor in determining how hard it will be to get a new visa or green card.
People typically get deported because:
- They entered the country without authorization
- They appeared to be a threat to US security
- They entered the country legally but overstayed their allotted time or violated their status by, for example, working without permission
- They were charged and/or convicted with criminal offenses
A waiver (pardon) may be available under many circumstances in order to return to the US as an nonimmigrant or immigrant. For some violations, the time you have to wait to apply for a new visa or waiver varies widely, depending on the nature of the violation.
Another factor is how often you have been removed from the US. The more deportations, the more difficult it is to get back into the US. The circumstances of deportation also matter. If you leave the US under “voluntary departure,” that works in your favor if you want to reenter the US. You’ are more likely to be able to reenter the US than someone who left under an order of deportation.
Specifically, how long are you going to have to wait? Depending on the violation, the wait me be as little as 1 year to as long as 20 years. In some case, there may be a permanent, lifetime bar to returning to the US.
To get your application waiver approved, you need to prove that you deserve a second chance. Other factors that may be taken into consideration are the hardship it may be for your family members if you don’t return, the length of time you lived in the US, and what kind of career you have. An immigration lawyer will know how to best prepare your case. If you have questions about the procedure, we’re glad to answer them – please contact us today!
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