Can You Reenter the U.S. After Being Deported?

U.S. Deportation: What Does It Mean?

Being deported from the United States carries serious legal consequences, including limits on returning. Deportation, or removal, occurs when the U.S. government orders a noncitizen to leave for violating immigration laws.

Common Reasons for Deportation Include:

• Criminal convictions, particularly aggravated felonies.
• Visa overstays or unlawful presence.
• Immigration fraud or misrepresentation.
• Violations of status, such as unauthorized employment.

Once removed through the ICE Enforcement and Removal Operations, an individual’s immigration record reflects deportation, and returning to the U.S. becomes significantly more complex without special permission or waivers.

Returning to the U.S. After Deportation

Returning to the U.S. after deportation is possible, but eligibility depends on:

• The reason for deportation.
• The type of removal order (expedited removal vs. formal removal).
• Past immigration history and compliance.
• Whether the reentry bar period has expired or been waived.

Reentry Bars After Deportation

U.S. immigration law imposes reentry bars after deportation, which vary by situation and must be resolved before any entry attempt. Deportation does not always permanently prevent future U.S. entry, but returning requires careful planning and compliance. For detailed guidance, see USCIS’s overview of unlawful presence and inadmissibility.

Three-Year Ban

Applies to individuals who accrued more than 180 days but less than one year of unlawful presence in a single stay and departed voluntarily before removal proceedings. They are barred for three years unless they are granted a waiver of inadmissibility.

Five-Year Ban

Applies to individuals removed through expedited removal at the border or port of entry. They are barred from reentering for five years unless they obtain permission to reapply.

Common grounds for expedited removal include:

• Misrepresentation or fraud at the port of entry.
• Lack of valid entry documents or visa.
• Attempting to enter the U.S. without proper inspection.
• Arriving under the Visa Waiver Program and deemed inadmissible.

Ten-Year Ban

Applies to individuals who accrued one year or more of unlawful presence and departed or were removed. They are barred from reentering for ten years unless they obtain a waiver or Form I-212 permission to reapply.

Twenty-Year Ban

Applies to individuals removed more than once, or removed following an aggravated felony conviction, or who illegally reenter after removal. They are barred for twenty years but may apply for I-212 permission to reapply.

Permanent Bar on Admissibility

The USCIS Policy Manual’s chapter on Adjudicating Inadmissibility explains how permanent bars apply to individuals who accrue more than one year of unlawful presence and then reenter or attempt to reenter the U.S. without inspection, or to those who were removed and reenter illegally. They are permanently inadmissible, unless:

• They remain outside the U.S. for ten years before applying for Form I-212 permission to reapply.
• A waiver (Form I-601) is granted in eligible circumstances.

Reentry Options After Deportation

Reentry after deportation requires careful preparation, including waivers, permissions, and thorough applications submitted to USCIS and consular officers on time.

Form I-212 (Permission to Reapply)

Requests consent to reapply for admission despite a prior removal order.

• Who qualifies: Individuals subject to reentry bars under INA §212(a)(9)(A) or (C).
• When to file: Before applying for a visa or attempting reentry.
• What to include: Evidence of rehabilitation, strong ties to the U.S., hardship to qualifying relatives, and proof of good moral character.

Even after the reentry bar ends, Form I-212 is still required before lawful admission. The bar’s expiration allows you to apply but doesn’t remove inadmissibility without approval.

Form I-601 (Waiver of Inadmissibility)

Waives certain grounds of inadmissibility, such as unlawful presence, criminal convictions, vaccine-related issues, or falsification for those filing for permanent status.

• Who qualifies: Individuals applying for lawful permanent residence (in the U.S.).
• What to include: Documentation of hardship, positive moral factors, and ties to both the home country and the U.S.

Form I-601A (Provisional Unlawful Presence Waiver)

Allows certain applicants to waive unlawful presence bars before departing for consular interviews abroad, reducing separation.

• Only available for unlawful presence waivers.

Reentering the U.S. Through Employment-Based Petitions

Family-based or employment-based petitions do not override reentry bars. Applicants still require appropriate waivers or permissions to reapply.

What If You Reenter the U.S. Illegally After Deportation?

Under 8 USC §1326, reentry after deportation is a federal crime. Penalties include:

• Fines or imprisonment up to 2 years for standard reentry.
• Up to 10 years if removal followed felony or multiple misdemeanor convictions.
• Up to 20 years if removal followed an aggravated felony conviction.

Such reentry results in permanent inadmissibility; it may bar future visa eligibility unless the individual remains abroad for 10 years and obtains special permission to reapply.

Why Understanding Reentry Matters

Understanding deportation consequences is critical, even for those focused on work, investing, or company transfers. Prior removal doesn’t always end future opportunities, but additional legal steps are required. Applicable professionals and employers should:

• Assess eligibility for employment-based visas after deportation
• Prepare strong applications and waivers
• Develop strategies to address reentry bars

Ensuring reentry plans comply with immigration laws is essential. For guidance on reentry or other U.S. immigration matters, book a consultation with an experienced attorney at Berardi Immigration Law.