Something that can be done if deported from the US; if there was a voluntary exit under unlawful presence; if lived in the US for up to 25 years, have family in the country, and had to leave the US for some reason, is to begin with the FOIA.
FOIA is a way to see the record held with Immigration. There are different Immigration departments where the FOIA can be requested, such as the USCIS department at the border.
It’s important to consult with an immigration attorney. If you were deported from the US, one of the first things you may want to do is to get the FOIA in order for the attorney to be able to study case history.
The FOIA lets find out if there are previous crimes, if there will be the need for a pardon, if the immigrant is eligible for the required pardon, if there is unlawful presence, if there are certain forms of entries and exits, or if being under the permanent bar.
It depends on the history with Immigration and criminal history to determine if there will be the need for a pardon, and if the pardon is available for the immigrant who requires it. Is one of the recommended first things to do when looking to regularize migratory status either in or out of the US, especially out. Important to start with the FOIA.
Ways to regularize migratory status if deported from the US.
Automatic Citizenship
One way that is not always taken into account is the Automatic Citizenship. If having a US citizen parent, even a grandparent, and meeting certain requirements, there could be the option to be eligible for Automatic Citizenship. These scenarios tend to happen in near-the-border cities, where there is movement between the US and other countries, like Mexico.
On occasion, people leave the US under deportation due to crimes or severe problems with the Immigration System. Even in these cases, if having a US citizen parent or grandparent, despite being born out of the US, it’s possible to reach US citizenship via Automatic Citizenship.
The way the law works in terms of Automatic Citizenship is: If the immigrant was born out of the US, and one of his/her parents (or both) was a US citizen at the moment he/she was born, depending on the birth date and on how many years did the parents live in the US before the birth, it could be eligible to obtain US citizenship.
For instance, in the case of a person born after November 14th of 1986, if his/her parent had, at least, five years of presence in the US before the birth and that same parent was a US citizen when the person was born, the person can, automatically, become a US citizen. If the person was born before November 14th of 1986, the parent who was holding US citizenship when the person was born had to have at least 10 years of presence in the US before the beneficiary was born.
There are other requirements for Automatic Citizenship cases. However, even if having severe crimes, previous deportations, or difficult situations, and a US citizen parent, or even grandparent, it’s possible to automatically become US citizen. Same for those who have or had US Permanent Residence, and one (or both) of his/her parents was US citizen before turning 18.
There are different requirements, that’s why is important to consult with an immigration attorney. Now, for instance, if the immigrant was deported from the US, or is the US hiding or evading the Immigration Department, either due to having or not having crimes in his/her record; if having Permanent Residence before turning 18 and if before turning 18 one of his/her parents (or both) was US Citizen, could be eligible for Automatic Citizenship.
In these types of cases, it’s important to consult with an attorney, since, depending on the birth date, there will be different requirements. For instance, depending on the birth date, it’s possible that the requirement is that both parents are US citizens. Depending on the birth date too, it might be possible that only of of the parents is required to be US citizen before the potential beneficiary turned 18, and that the potential benefitiaty had Permanent Residence before turning 18.
It can happen that is being deported and, at first, the Immigration Department rejects the fact that the immigrant could be US citizen through Automatic Citizenship.
If having with crimes within the US, or left the country due to unlawful presence, on occasion, there can be a way to obtain a pardon through a US citizen or Legal Resident spouse, or a US citizen or Legal Resident parent. Pardons can be more limited through US citizen sons/daughters.
Even though there is a way to obtain certain pardons through a US citizen son/daughter, almost every pardon is planned for those who have a US citizen or Legal Resident spouse or parent, especially when there is unlawful presence in-between.
It is recommended to consider that there is no pardon available for unlawful presence due to the status of the over-21 US citizen sons/daughters’ parent.
When there are crimes, it’s important that the lawyer checks on the record in order to find out if a pardon will be needed, and, in case of needing it, make sure the immigrant is eligible for the required pardon.
If having entries and exits history, it’s recommended to review the case with an immigration attorney, since it must be verified not being under permanent bar.
A person falls under the permanent bar when has, at least, one year of unlawful presence (either continuous or as sum of several periods) after April 1st of 1997, and exits (or is deported) the US for any reason. Another way to end up with the permanent bar is if having a deportation order of any year, exit (or is expelled) from the US, and come back (or tried to come back) to the US unlawfully.
The permanent bar is one of the hardest hits there can be in an immigration case.
When being out of the US, it must be waited 10 years out of the US since the last entry or the last time that was tried to cross the border unlawfully.
If an immigrant is under the permanent bar due to several entries/exits, has since 2010 living in his/her country, tries to cross the US border, is detained by Immigration and sent back to his/her home country, now he/she will have to wait for another 10 years.
It’s important to review the entries and exits history to know if being under the permanent bar. In such case, it must be waited 10 years out of the US before being able to apply for a pardon, formally known as I-212.
With the I-212, if having severe crimes, not having any family member or spouse that will be able to submit a family petition and having a difficult history with Immigration; an option is the U visa. The U visa is one of the humanitarian visas.
U Visa
The T visa does not apply in these cases, but the U visa could apply, even if living abroad. The U Visa is for those who were victims of certain types of crimes within the US. Not all crimes qualify, that’s why is important to consult with an immigration attorney. For the U Visa, it must also help the police with information about the crime from which it was victim.
The U Visa can forgive things that other migratory procedures can’t. It can even forgive someone out of the US who has no way to regularize his/her immigrant status through a traditional pardon. The U Visa can be a way to regularize migratory status if living abroad.
