Bars to Returning to the U.S.

Re-Entry to the U.S. After Deportation

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 is passed, an individual can apply for re-entry if he/she is eligible.

Common Reasons for Immigration Bars

The U.S. can bar aliens from returning to this country for several reasons:

  • After they have committed an illegal act or aggravated felony
  • Unlawful presence or illegal entry
  • Overstaying a visa is also a violation that is taken seriously, often considered as serious as committing a crime while retaining temporary residence in the country.
  • Fraudulent marriage

How Long Do I Wait Before Entering the U.S. Again After Deportation?

Depending on the grounds for deportation, immigration bars can vary:

  • Unlawful Presence 3-year & 10-year bar: If you were unlawfully present in the U.S. and left before, during, or after removal proceedings begun, you could face a three or ten year ban depending on how long your stay was.
  • Unlawful Presence Permanent bar: If you had an existing bar in effect and entered illegally, you may be permanently banned from entering again.
  • 5-year ban: If you were immediately removed upon illegally entering the U.S., you could face a five year ban.
  • 10-year ban: If you were ordered to be removed by a judge and left the U.S. while the order was pending, you could face a ten year ban.
  • 20-year ban: If you were deported and already removed on a prior occasion, then the 20-year bar can go into effect.
  • Permanent ban: You could be permanently barred from entering the U.S. again if you were convicted of an aggravated felony or entered the U.S. illegally after already been deported.

Legal Assistance with Bars

The removal process can prove to be very complicated, especially if a person has been barred from the country as a result of a criminal conviction or violation. Each case is completely different and has many unique factors that can affect the outcome. The laws that are set in place for reentry after removal are difficult to navigate and understand. For these reasons, immigrants to the United States often find it helpful to enlist the help of a qualified attorney.

Please contact one of our immigration lawyers from Brown Immigration Law for aggressive and effective legal assistance.


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