How Can an Alien Return to the U.S. After Being Deported?

Full Question:

Please advise who should we apply our petition for returning bour son to the USA which was deported from the country in 2002. Our family is broken apart and we all are suffering gue to that.
07/15/2011   |   Category: Immigration   |   State: Texas   |   #25184

Answer:

Typically, the first step for most aliens attempting to get permission to enter the U.S. after deportation is to submit Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal.

Depending on the reason for deportation, you will likely also need to submit Form I-601 Application for Waiver of Grounds of Inadmissibility. The requirements for the waiver will vary depending on the reason for the deportation. While filing Form I-212 will remove the prior removal restrictions, the Form I-601 is needed to remove the grounds for removal. The most common example is for leaving the U.S. while out of status and the accumulation of unlawful presence. The form should be submitted to the local immigration court where your removal hearing was held. If you are applying while overseas, you should file this form with the American Consul where you submit your visa application. You can also apply prior to your departure through removal from the United States with the local office that has jurisdiction over the place of your residence.

Most aliens who are removed from the United States have a waiting periodt before they can reenter the United States. Using Form I-212, an alien can ask permission to enter before the required waiting time is complete. If an alien was removed because of an aggravated felony, a 20 year waiting period usualy applies. A lesser charge may have a waiting period of 5 or 10 years before applying for a waiver. The severity of the grounds for removal will affect the likelihood of approval for a waiver.