PERMISSION TO RETURN AFTER REMOVAL/DEPORTATION

For Immigrant or Nonimmigrant Visas

212(a)(9)(A)(iii) of the Immigration and Nationality Act of 1952 ("Act"), Pub. L. No. 82-414, 66 Stat. 163,
8 U.S.C. 1182(a)(9)(A)(iii).
8 C.F.R. 212.2 (1998)

Copyright 1999 VIKRAM BADRINATH, P.C. All rights reserved.


Introduction

WUnder the immigration laws, if an individual has been ordered deported, excluded, or removed at anytime, in order for the alien to return to the United States before the expiration of the time that the alien is required to be outside of the United States, the alien may not enter the United States without first obtaining permission from the Attorney General to reapply after deportation/removal. In this situation, the alien must first file a special application called an Application to Reapply for Admission after Deportation/Removal (Form I-212). Without first obtaining an approval using this form, if it is discovered that one was expeditedly removed, one could be detained at an U. S. INS facility and set up for a formal deportation proceeding. In the alternative, if an alien was deported, excluded, or removed from the United States and thereafter unlawfull enters the United States at anytime, the U.S. INS may simply reinstate the prior order of removal. For more information about reinstatement of removal orders, click here.

If an alien who has been ordered deported or removed, then he must wait outside the United States for five (5) or ten (10) years continuously. In the case of an alien who was ordered deported or removed for an "aggravated felony" as defined by section 101(a)(43) of the Act, then a continously period of twenty (20) yeas is required. An alien who has been ordered deported or removed as specified above, and who is applying for an immigrant or nonimmigrant visa, admission to the U.S., or adjustment of status, must demonstrate that he has remained outside of the U.S. for the timer period required for reentry after deportation or removal. The examining consular official or immigration officer must be satisfied that the alien has remained outside the U.S. for more than five (5), ten (10), or twenty (20) consecutive years, depending. Hence, any alien who cannot demonstrate that he has remained outside the U.S. for the requisite period, even if this actually occurred, must file an Application to Return After Deportation/Removal. An temporary stay in the United States under section 212(d)(3) of the Act does not interrupt the five or twenty consecutive year absence requirement.

Application Procedure

Aliens who have been ordered deported, excluded, or removed must wait outside the United States for varying periods of time ranging from one (1) year to twenty (20) years depending upon the immigration proceeding instituted to removed the alien from the country, and the charge of deportability/excludability/inadmissibility that was sustained to invoke the same. Hence, an alien has two options: (1) Wait outside the United States for the designated period and return afterwards in a lawful manner; (2) Apply for special permission from the Attorney General to Renter the United States before the removal period is completed.

If the second option is choosen, an alien must file an Application to Reenter after Deportation/Removal, Form I-212, with the U.S. INS District Director with jurisdiction over the place where the deportation or removal proceedings were held, or directly with a U.S. Consulate abroad. The filing fee for this application is currently, US$170. Any application should be accompanied with supporting documentation and exhibits.

For more information about filing an Application for Permission to Return after Deportation/Removal, please contact us by email, telephone, or fax or schedule an appointment to have your individual case discussed and analyzed by an attorney.