If you or a member of your family have been deported (removed) from the United States, obtaining the legal right to return will not be easy. The law has placed various barriers in your way. Although some of these can be overcome with a request for a waiver, others cannot. We will briefly describe the situation here, but you should consult with a U.S. immigration attorney for a full analysis of your personal situation.
Returning to the U.S. After Deportation: Someone who has been removed from the U.S. is inadmissible for a certain period of time after that removal. The exact length of time that you're inadmissible for depends upon the reason for which you were removed.For most people who have actually spent time in the U.S. (as opposed to having been stopped upon arrival) the time for inadmissibility is ten years. It is possible to apply for waiver of your inadmissible status. This is referred to a waiver. This particular waiver (an I-212 waiver) does not, like other waivers, require showing that the deported immigrant has a qualifying U.S. relative who would suffer hardship. Instead, decisions on I-212 waivers depend on factors such as why you were deported, how recently you were deported, your length of legal residence in the United States before being deported, your moral character and respect for law and order, your family responsibilities, and the hardship you and any relevant others would face if you were denied reentry.
Bar on Returning to the U.S. After Unlawful Presence: You become inadmissible to the U.S. under a completely separate section of the law if you have spent more than six months (180 days) in the United States with no valid visa or other right to remain here. If you have overstayed for more than 180 days but less than one year, leave voluntarily and then attempt to return, you will be inadmissible for three years. If you have remained in the U.S. for more than 180 days but less than one year, leave voluntarily or under an order of removal, and then attempt to return, you will be inadmissible for ten years.In this case, you can apply for a waiver if you are the spouse or immediate son or daughter of a U.S. citizen or green card holder and that person would face extreme hardship if you were denied U.S. reentry.This is referred to as an I-601 waiver. The important things to realize here are that the hardship that you claim the qualifying U.S. relative would face must be more severe than the anxiety and sadness that anyone would face upon separation from a family member, and you need to back up your claim of extreme hardship with documented evidence. These types of waivers are difficult but not impossible.
To understand the specifics of your or your loved one's immigration detention situation, please contact us at Bhagat Law. We are happy to help.
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