You may have a chance to apply for reentry after deportation from the U.S. by applying for an immigrant or non-immigrant visa, filing a motion to reconsider or reopen your case, or seeking humanitarian alternatives.
An El Paso deportation defense lawyer can give you more information about your options in this situation. Note that it’s often incredibly challenging to return to the United States after a deportation.
How Can I Apply for Reentry After Deportation?
You may have a few options to apply for reentry after deportation from the U.S., though all of these options are challenging to accomplish.
Additionally, you may have to wait a significant amount of time before you can pursue any of these options. Often, you must wait years after a deportation to try to get back into the country, if you can at all.
You Can Apply for an Immigrant Visa
In some cases, you could secure an immigrant visa to permanently return to the U.S. after deportation. However, you’ll need an approved visa petition and a waiver of inadmissibility to return through this option.
You may try to get a visa through employment-based immigration or family-based immigration. In order to apply, you must complete the correct paperwork and submit it to the relevant government agencies.
How Do You Get a Waiver of Inadmissibility?
Securing a waiver of inadmissibility may require you to go to the consulate of your country or a U.S. embassy. Note that, in some cases, you cannot get your inadmissibility waived. A lawyer can provide more information about your options.
You Can Apply for a Non-Immigrant Visa
You may also try to return to the U.S. by securing a non-immigrant visa to visit the country temporarily. You may apply for this kind of visa if you want to visit, study, or work in the U.S. after a deportation.
You may have a chance to apply for a student or tourist visa, for example. However, you’ll have to prove that you plan to return to your country, and you’ll still need to get a waiver of inadmissibility to pursue this option.
Applying for reentry through this method requires you to fill out and submit application forms.
You Can File a Motion to Reopen or Reconsider Your Case
In some cases, you could request to reopen your immigration case, even if you lost it. However, it’s difficult to get a judge or the Board of Immigration Appeals (BIA) to consider these cases, especially if you faced deportation or left the country voluntarily.
You have a very limited time to file this kind of motion. You may want to pursue this option if:
- The court deported you due to a criminal conviction, and then that conviction got vacated
- You received a pardon for a criminal conviction that previously caused your deportation
- A relevant law changed after your deportation, changing your circumstances
- Your immigration attorney provided you with ineffective counsel
- The conditions in your country changed
An attorney can review your situation and determine if you should proceed with a motion to reconsider or reopen your case. A lawyer can also give you more detailed information about how to apply for reentry after deportation.
You Can Seek a Humanitarian Option
Depending on your circumstances, you could seek to return to the country through a U visa or a Violence Against Women Act (VAWA) Visa. U visas may become available to you if you were the victim of a crime in the U.S. and if you agree to help law enforcement build a case against the party responsible for the crime.
You could qualify for a VAWA visa if you can show that a relative who was a lawful permanent resident (LPR) or U.S. citizen subjected you to abuse, battery, and extreme cruelty. You’ll need to prove that you qualify for this kind of visa and then submit the appropriate paperwork to apply.
An attorney can explain these options in more detail and how to get a green card as a VAWA self-petitioner when you reach out for assistance.
Talk to Us About Applying for Reentry After Deportation
Do you have more questions about how to apply for reentry after deportation? Our team at Mendoza Law can provide the answers you need. We have over 100 years of combined experience, and we’re ready to assist clients in your situation.
We believe in serving the immigrant community and providing dedicated legal assistance, especially in today’s political climate. Attorney Maria can provide personalized service and the compassionate care you need when dealing with a deportation.
We’ll carefully explain all of your options and the steps you could take to potentially get back into the country. We can also help if you’re currently facing deportation proceedings. Turn to us today and get the support that you deserve.
