Immigration Law

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Can a person with a history of being a illegal immigrant…

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Can a person with a...
Can a person with a history of being a illegal immigrant ever come back to United States?
Submitted: 3 months ago.Category: Immigration Law
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Answered in 5 minutes by:
1/7/2018
Immigration Lawyer: RobertJDFL, Attorney replied 3 months ago
RobertJDFL
RobertJDFL, Attorney
Category: Immigration Law
Satisfied Customers: 14,621
Experience: Experienced in multiple areas of the law.
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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Immigration Lawyer: RobertJDFL, Attorney replied 3 months ago

Good evening,

I assume you are asking if they can return after being deported? Potentially yes they can. If an illegal alien was ordered removed (or deported) from the U.S., they must remain outside of the country for five, ten, or 20 years, and in some cases, they may not be able to return to the U.S. at all.

First, a person needs to find out if an immigration judge issued a removal order. You can check if the IJ issued an order of removal by calling the Immigration Court hotline at 1-***-***-**** (if you’re in the U.S.) and following the electronic prompts. It’s possible that an IJ gave a person a deportation or removal order without them being there or being told about it. In some situations, an IJ will grant voluntary departure, which allows the noncitizen to leave the country before a set date. If they leave by that time, they avoid having a removal order issued against themselves. If they were granted voluntary departure, but failed to leave by the appointed date, the voluntary departure automatically converts to an order of removal.

Once removed, the circumstances of their removal dictates how long the ban is.

The Five-Year Ban: If they were summarily removed or deported upon arrival at a U.S. port of entry because they were found inadmissible, or if they were removed or deported after having been placed in removal proceedings upon arrival in the U.S., they may be ineligible to return to the U.S. for five years.

The Ten-Year Ban: If an IJ issued a removal order at the conclusion of their removal hearing in Immigration Court (even if they did not attend these proceedings) they will not be able to return for ten years.

The Twenty-Year Ban: Although you can be permanently banned from entering the U.S. if you are deported and attempt to reenter the U.S. prior to the expiration of the ten-year ban, it is possible that an IJ could add an additional ten years to your original ten-year ban. As a result, the issuance of multiple removal orders can often result in a 20-year prohibition from entering the United States.

The Permanent Ban: If convicted of an aggravated felony, entered without permission after being removed, or illegally reentered the U.S. after having previously been in the U.S. unlawfully for more than one year, they may be permanently barred from entering the United States.

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Immigration Lawyer: RobertJDFL, Attorney replied 3 months ago

If a non citizen was ordered removed from the U.S., there are some limited options that might enable them to return legally. They can attempt to return to live in the U.S. permanently (on an immigrant visa or green card) through sponsorship by an employer or a family member. They may also qualify for a nonimmigrant visa, such as a tourist visa or a student visa. To do any of these, however, they would need to apply for a waiver that could “forgive” their prior removal order and give them permission to reenter the U.S. with the visa or green card.

Immigration matters are very complex, and the use of a immigration attorney is recommended in these situations.

Please let me know if I may clarify anything or provide additional information. Thank you.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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