When someone is deported from the United States, returning can be a complicated process. Deportation usually occurs due to violations of immigration laws or committing certain crimes. Understanding the steps involved can help you determine your options for reentry.
Causes of deportation
Deportation is not an immediate process. It involves several court hearings. The Department of Homeland Security (DHS) manages deportation proceedings. They examine whether an individual entered the country unlawfully, overstayed a visa, or violated immigration or criminal laws.
A deportation process begins with a Notice to Appear (NTA). This document outlines the charges and the legal grounds for removal. It is essential to respond to this notice and attend all court hearings.
Options for returning after deportation
After deportation, reentry is possible, but it requires specific legal procedures. The first step is understanding the reentry bars. Depending on the circumstances, these bars can last from five years to permanently. Yet, there are pathways to overcome these barriers.
- Waivers and appeals: an individual may apply for a waiver that allows them to return despite a deportation order. This waiver usually requires proving extreme hardship to a U.S. citizen or lawful permanent resident family member.
- Voluntary departure: if granted, voluntary departure can offer some flexibility. This option allows individuals to leave the U.S. on their own terms, potentially easing the reentry process. Yet, voluntary departure does not remove all reentry bars.
The importance of legal assistance
Facing the complexities of U.S. immigration law can be challenging. Seeking legal advice from an experienced immigration attorney is crucial. An attorney can guide you through the deportation process, assess your eligibility for relief, and assist with appeals if necessary. They can also help explore options for returning to the U.S. after deportation.
Returning to the U.S. after deportation involves understanding the legal framework and exploring available options. With the right legal guidance, you can evaluate your chances of reentry and take the necessary steps toward your goal.