If you have been deported from the United States, this is not the end of the road in terms of you being admitted to the United States and eventually becoming a US citizen. There are options. One of them allows you to ask for forgiveness and will allow you to reenter by completing a specific document. This document is called a I-212 waiver.
To be clear, this is a long and difficult process, to gain entry to the United States through a I-212 waiver. However, it can be done, and your chances of success are improved by having an experienced, dedicated immigration lawyer on your side.
If you have been deported by USCIS, it can be difficult to gain entry to the United States. At a minimum, you will be banned from entering America for five years, but it could be a permanent band. Whether it’s five years or twenty years depends on why you were deported in the first place and if you committed any other crimes or violations while you were living in the United States. As long as you did not commit a serious crime and as long as you do not pose a national security threat to America, you can file what is called a “waiver” for any reason you were removed.
This waiver, known as the I-212 waiver, is called an Application for Permission to Reapply for Admission to the United States After Deportation or Removal. This form is long and complicated and it goes over the following information about yourself: your history, both personal and your employment history, your reasons for application, and more items along these lines. There is a personal element to this document too. If your application is well-done and persuades immigration officials of why you should be allowed to enter the US again, your chances of having it approved are much higher than if it is poorly-written and does not do a good job of convincing immigration officials.
After the 1-212 waiver is submitted, it can take anywhere from six months to a year before you receive an answer from USCIS. From there, if you are approved, you need get an interview scheduled with a US consulate to get your visa.
If you are denied entry by USCIS and then you reenter the country, this is considered a serious crime, a felony in fact, and you could face up to 20 years in jail.
Fighting a Charge After Deportation
Sometimes people believe they cannot fight to stay in the country after being deported. This is not true. While difficult, an experienced, dedicated attorney can fight for you by raising the best legal arguments available to attempt to have these charges dropped entirely, which will allow you to stay in the country legally and not be deported. Many times your legal rights, which are also called your “due process rights” were violated, and this will allow us to fight for you.
Sometimes it helps to retain a criminal defense lawyer in addition to an experienced immigration lawyer. Other times it is not necessary. We will be able to help you make sense of what you should do and help you during this difficult time.