If you were deported or removed from the United States, reentry comes with a variety of challenges. Although there the USCIS has provided reentry options, such as applying for a waiver after deportation, the pathway back to the U.S. can be complex. Because of this, you should always take the additional step of hiring an immigration attorney to help you better understand your options. Keep reading to find out what waivers you can use after deportation or removal.
Grounds for Inadmissibility After Deportation
To legally enter the United States, you must fit the label of admissible, which allows entry. Alternatively, an individual may be labeled as inadmissible, which would make them not allowed to enter the United States.
The risk of inadmissibility is even higher for those who have been deported or removed from the U.S. Some people are inadmissible due to illegally entering the U.S. or for other reasons connected to their time in the U.S.
It is important to understand what the grounds of inadmissibility are and whether or not these apply to your situation before you attempt to apply for an immigration waiver after deportation.
Here are the most common grounds for inadmissibility after removal or deportation:
- Illegal reentry
- Unlawful presence bars
- Fraud or misrepresentation
- Criminal convictions
If any of these situations apply to you, you need to seek the help of an immigration attorney as soon as possible. An attorney will have experience with the complexities of immigration law and can help you find the next best course of action.
Available Waivers for Those Previously Removed
For many people who have faced removal or deportation, this can feel like the end of the road. But this isn’t the case. In fact, there are many reentry options after deportation, allowing you to legally reenter the U.S. so that you can move on with your life.
Here are some examples of the different waivers you can use after deportation, depending on your circumstances:
- For I-212: Form I-212 requests reentry permission for anyone previously removed or departed from the U.S. By allowing legal reentry, it opening the door to other visa and immigration benefits that you didn’t have before.
- I-601 waiver: The I-601 waiver is usually used for more complex cases where you are deemed as inadmissible to the United States. You can also use form I-212 and I-601 in combination for especially complex immigration cases.
- Form I-601A: Form I-601A is available to individuals living illegally in the United States who have immediate family members who are U.S. citizens or green card holders. It requires you to return to your home country to apply for a green card, as well as apply for a waiver of inadmissibility, so that you can reenter the United States while avoiding the reentry ban.
Tips For Strengthening a Waiver Application After Deportation
It isn’t enough to simply apply for the right type of waiver; you need to go above and beyond when submitting your application. Many challenges can arise during any immigration process, especially for those who wish to legally reenter the United States.
The vast majority of immigration problems people run into are easily avoidable by filing a strong waiver application. Doing so gives you the best chance of having your application approved without lengthy delays.
Here are some tips you can use to simplify this process, strengthen your application, and reduce the risk of application issues.
Hire an Attorney
Before doing anything else, it is essential that you seek legal representation. An immigration attorney will know exactly what your options are and what waivers you can apply for after deportation.
An attorney will also provide extensive knowledge and assistance when it comes to filing your application and providing supporting documentation. And if you do run into issues with your application, your attorney will be right by your side, helping you find the best possible solution.
Understand the Requirements
Although most waivers serve a similar purpose, they may have different requirements. For example, form I-601A requires you to be physically present in the United States. Whereas most other waivers, including form I-601, require you to apply from outside of the United States.
By having a thorough understanding of the requirements for each waiver, you will know which waiver best fits your situation. This will also dramatically increase the chances of having your application approved.
Provide Documentation
Most waivers have basic required documentation that you must provide , which can make or break your entire application. Usually, this documentation includes things like:
- The completed form.
- The filing fee payment.
- A copy of your birth certificate.
- Two passport-style photographs.
- A copy of your marriage certificate, if applicable.
- A copy of a government-issued photo ID.
- Proof of your qualifying relative’s status.
- Proof of relationship to the qualifying relative.
- A personal statement.
However, you may need to provide additional types of documentation, depending on your circumstances. Some examples of additional documentation you may need include things like evidence of past entries and exits from the U.S., your current immigration status, proof of a scheduled immigration visa interview, etc.
Your immigration attorney can help you determine whether or not you should provide additional documentation, and if so, what type of documentation.
Contact an Immigration Attorney Today
After removal or deportation, it is important to understand what your options are for legal reentry into the U.S. Contact us today at U.S. Immigration Law Counsel at 800-666-4996 to speak with an immigration attorney about your situation. We will deal with the government, so you don’t have to!
FAQ Section
Can I file a waiver while still outside the U.S.?
Yes, in fact, most waivers must be filed from outside of the United States.
What if I reenter illegally after being deported?
You will most likely receive a permanent bar, which will require you to remain outside of the U.S. for 10 years before being eligible to apply for a waiver.
Do I need both I-212 and I-601?
This will depend on your grounds of inadmissibility and the complexity of your case.
