Orlando Immigration Attorneys Helping People Barred From Returning to the U.S.

Understanding Bars to Reentry After Deportation or Removal

The United States removal law is based on the Immigration and Nationality Act, which does not allow violations of visas to be made. These bars are powerful and serious penalties that prohibit immigrants from returning to the United States for a set amount of time. Once that time passes, an individual can apply for re-entry if eligible.

What Is a Reentry Bar Under U.S. Immigration Law?

Inadmissibility and bars to reentry are closely related but distinct legal concepts that determine whether a noncitizen may lawfully enter or remain in the United States.

• Inadmissibility refers to the grounds that block someone from entering the U.S. or adjusting to lawful permanent resident status. A person found inadmissible generally cannot enter without a waiver.
• Bars to reentry are a specific form of inadmissibility applying to those who violated immigration laws and then left the U.S.

Common Reasons for Being Barred from Reentering the U.S.

A person can be barred from returning to the United States even if they once lived here lawfully, held a valid visa, or were pursuing an immigration case. In some situations, individuals do not realize their actions could trigger a lengthy or permanent ban. Common grounds for being barred from reentry include:

• Accruing unlawful presence
• Prior deportation/removal orders
• Entry without inspection after removal
• Criminal convictions (including aggravated felonies)
• Immigration fraud or misrepresentation
• Overstaying a visa and leaving during proceedings
• Multiple prior removals or false claims to U.S. citizenship

How Long Will I Be Barred From the U.S.?

The length of time you may be barred from the U.S is determined by the citation, ranging from a 3-year bar up to a permanent ban from re-entry. Below is the full range and typical reasoning for each:

• Unlawful Presence – 3-year & 10-year bar: If you were unlawfully present in the U.S. and left before, during, or after removal proceedings, you may face a three- or ten-year bar, depending on the length of your stay.
• Unlawful Presence – Permanent bar: If you were already subject to a bar and entered illegally again, you may be permanently banned from reentry.
• 5-Year Ban: If you were immediately removed after entering the U.S. illegally, you may face a five-year bar.
• 10-Year Ban: If you were ordered removed by a judge and left while the order was pending, you may face a ten-year bar.
• 20-Year Ban: If you were deported and had previously been removed, the 20-year bar can apply.
• Permanent Ban: You may be permanently barred from reentering if you were convicted of an aggravated felony or entered illegally after deportation.

Applying for Permission to Return

If you are barred from reentry, you may still have a legal path back through an immigration waiver. A waiver is a formal request asking the U.S. government to set aside the grounds of inadmissibility preventing your return. Approval is never automatic; you must show that your return is legally justified and, in most cases, that your absence creates significant hardship for a qualifying relative.

The two most common waivers are:

• Waiver for prior removal: Requests permission to reenter despite a past deportation or removal order. You must show sufficient time has passed, you pose no danger, and your return would not harm U.S. interests.
• Waiver for inadmissibility: Applies if you are barred for reasons such as unlawful presence, criminal convictions, or immigration fraud. You must demonstrate that denial would cause extreme hardship to a qualifying U.S. relative and, in some cases, show rehabilitation or good moral character.

Common Situations Where A Waiver May Be Considered

The most common and effective basis for waiver approval is proving “extreme hardship” to a U.S. citizen or lawful permanent resident spouse or parent. This hardship must go beyond the usual emotional or financial difficulties caused by family separation. Examples include:

• Your U.S. citizen spouse has a medical condition and relies on you as a caregiver.
• Your family would suffer serious financial hardship without your income or support.
• Your spouse or parent cannot safely relocate to your home country due to medical, political, or economic conditions.
• You are the primary caregiver for your elderly or disabled parent, who is a U.S. citizen or green card holder.
• Your removal would disrupt treatment, schooling, or emotional stability for your U.S. citizen children. 
  • Note: while children can’t be direct qualifying relatives for most waivers, their well-being may support a spouse or parent’s hardship claim.
• You have strong evidence of rehabilitation from a past criminal offense and can show you’re no longer a risk.

Can You Return to the U.S. With a Criminal Record?

In some cases, it is possible to return to the U.S. with a criminal record, but the process is complex and closely regulated. Certain convictions – particularly aggravated felonies or crimes involving moral turpitude – can make you permanently inadmissible without government approval. Offenses such as drug trafficking, violent crimes, fraud, theft, and certain sex crimes are treated with particular severity under immigration law. Even relatively minor convictions may trigger inadmissibility if they involve fraud, misrepresentation, or conduct considered morally questionable.

Reentry After Deportation: What to Expect

Reapplying for entry to the U.S. is a lengthy and demanding process with little margin for error. All paperwork must be complete, accurate, and fully documented, as even minor mistakes or omissions can result in delays or denial. The process typically includes:

1. Confirming the length and type of your reentry bar: Before anything else, you’ll need to determine which bar applies to your case and how long it lasts. This affects both your eligibility for a waiver and the timing of your application.
2. Gathering supporting documentation: You’ll need to collect evidence to support your waiver, such as proof of family relationships, financial records, medical documentation, and statements showing hardship to qualifying relatives.
3. Preparing and submitting your waiver application: With your attorney’s help, you’ll file a detailed and well-supported waiver request that explains why your return should be allowed despite the existing bar.
4. Waiting for a decision: Processing can take several months or longer, depending on the type of waiver and the complexity of your case. In some cases, additional evidence may be requested.
5. Proceeding with your visa or reentry process: If your waiver is approved, you can move forward with the next steps in your immigration journey, which may include a consular interview or visa petition. If it’s denied, you may need to explore other legal options or wait until your bar expires.

Having an Orlando reentry waiver lawyer guide you through the process helps ensure your case is presented as strongly as possible.

Why Choose Brown Immigration Law for Reentry Bar Cases

Reentry bar cases are among the most complex areas of immigration law, but you do not have to face the process alone. For decades, our Orlando immigration attorneys and multilingual staff have managed a wide range of waiver cases, including those involving prior deportations, unlawful presence, criminal convictions, and findings of misrepresentation. At Brown Immigration Law, we approach each case with care, clarity, and a results-driven focus, exploring every possible option. With both local and nationwide support, we provide timely and effective legal guidance when it matters most.

Orlando Immigration Attorneys Helping Families

A reentry bar can profoundly affect families, often separating spouses, parents, and children for years. Brown Immigration Law assists individuals throughout the waiver process with the goal of reuniting families in the United States. We work closely with clients to determine the most appropriate waiver, gather supporting evidence, and prepare strong applications that clearly establish eligibility.

Our Orlando immigration attorneys guide families through each step, including:

• Documenting extreme hardship to qualifying U.S. citizen or lawful permanent resident relatives
• Organizing financial, medical, and other key records
• Addressing past immigration or criminal issues that could affect eligibility
• Preparing a clear, well-supported application to maximize the chance of approval

Strategic Guidance for Businesses

Reentry bars do not only affect individuals; they can also create serious challenges for employers sponsoring foreign workers. Brown Immigration Law helps businesses address potential issues before they disrupt hiring or workforce planning. We:

• Review employee immigration histories to identify potential barriers
• Advise on whether a waiver is needed before submitting new petitions
• Assist employers in minimizing delays and maintaining compliance

In addition to employer support, we represent foreign nationals directly by:

• Preparing and submitting waiver applications
• Documenting qualifying family relationships
• Compiling evidence of rehabilitation or hardship where required

This dual approach ensures that both employees and employers receive the legal support they need to comply with U.S. immigration requirements while reducing risks of delay or denial.

Do You Have an Immigration Attorney Near Me?

Brown Immigration Law’s Orlando office is located in Thornton Park at 11 N. Summerlin Avenue, Suite 225B, just steps from Lake Eola Park and near the corner of E. Central Boulevard. The office offers ample onsite parking, and public transportation is easily accessible with a bus stop across the street. We also maintain offices in Tampa, Durham, NC, Columbus, OH and Cleveland, OH.

Experienced Counsel for Central Florida Immigrants and Employers

If you’ve been barred from returning to the United States and need legal guidance on your options, speak with an Orlando reentry waiver lawyer at Brown Immigration Law. Our team understands the challenges you face, and we’re here to help you move forward with clarity and confidence. Call or contact us today to take the next step toward lawful reentry.