Deportation and Permanent Residence

It is a common misconception to think that if you have been deported from the US, you could never apply for permanent residence again. However, after deportation, when the person has completed 10 years without entering the US (which is the stipulated time when someone is deported), they may be eligible to re-enter the country legally.

Important Concepts

Deportation

Deportation is the formal “expulsion” of a foreigner from the US when it has been determined that he/she can be removed for violating immigration laws. After April 1, 1997, foreigners in the US may be subject to removal based on deportation laws; this function, now called removal, is handled by the US Immigration and Customs Enforcement Service (ICE) and deportation is regularly ordered by an immigration judge.

Permanent Residence

When we talk about “Permanent Resident,” “Resident Alien with Permit” or “Green Card Holder,” it means that the person is a Legal Permanent Resident (LPR). These statuses define any person in the US, who is not a citizen, and who resides in the country under a legally recognized residence status.

After I have been deported, can I get Permanent Residence?

After being deported, it is possible to obtain permanent residence if you are eligible and meet the requirements to apply, for example, if you have a negative criminal record, your application may not be accepted, but it all depends on the specific case.

After your application is approved (Form I-130), you must complete a petition to reapply for admission to the US, using Form I-212. Then, you could possibly apply for Permanent Residence or Green Card in the future.

How do I apply for Readmission?

If you need to apply for readmission, it is very important that you do not return to the US before submitting a request to return after deportation. An I-130 application must be submitted on your behalf and obtain approval before submitting the I-212 application. The Department of Homeland Security (DHS) must have approved your application before you can apply for permanent residence and re-enter the US.

Returning illegally to the US without admission or without obtaining consent to reapply after being deported, may cause you to be permanently inadmissible to the US under section 212 (a) (9) (C) of the INA (Immigration and Nationality Act).

After the petition is approved through application I-212 (request for permission to re-enter the US after being deported or removed), a status adjustment is required to apply for a Green Card or officially known as the Permanent Residence Card, which allows you to live and work permanently in the country.

For more information on submitting the I-212 application and to find out if you are eligible to apply for readmission after being deported from the US, contact Motion Law today at: (202) 918-1799 for a FREE Consultation with one of our expert immigration attorneys.