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Reentering the US After Deportation: Is Temporary Entry Possible?

 I have a deportation order from USA. Is it possible to get temporary entry to USA with the help of an immigration lawyer? How long does it take?

Facing a deportation order from the United States is undoubtedly a challenging situation. However, individuals in such circumstances often explore the possibility of obtaining temporary entry with the assistance of immigration lawyers. In this article, we will discuss the general steps involved in seeking relief, the importance of consulting with an immigration attorney, and the factors that can influence the duration of the process.

Reentering the US After Deportation: Is Temporary Entry Possible?

Understanding the Reentry Landscape:

The first step is acknowledging the complexity of your situation. Each deportation case is unique, and the chances of securing temporary entry depend heavily on the reason for your removal, the type of visa you seek, and the presence of any compelling humanitarian factors.

Waiver Options:

There are potential waivers you can explore with your lawyer, allowing you to overcome the initial ineligibility for reentry. Some common types include:

  • I-212 Application for Permission to Reapply: This waiver applies if you are subject to a three or ten-year bar on reapplying for a visa. Strong evidence demonstrating changed circumstances and hardship can bolster your case.

  • Hardship Waivers: These waivers consider the potential hardship facing a US citizen or legal permanent resident family member if you are denied entry.

  • Fraud Waivers: If your deportation was due to a misrepresentation, this waiver can be sought, though proving inadvertence or good cause is crucial.

Visa Categories for Temporary Entry:

Depending on your situation, different nonimmigrant visa categories could be explored:

  • B-1/B-2 Visitor Visa: Suitable for short-term business or tourism visits, but obtaining approval with a deportation history can be difficult.

  • F-1 Student Visa: This option requires valid enrollment in a recognized educational institution.

  • H-1B Specialty Occupation Visa: If your skills are in high demand, sponsoring employers can petition for this visa on your behalf.

Seeking Expert Guidance:

  1. Consultation with an Immigration Lawyer: The first and crucial step for anyone with a deportation order is to consult with an experienced immigration attorney. These legal professionals specialize in navigating the complexities of immigration law and can provide personalized guidance based on the specifics of each case.

  2. Case Evaluation: Immigration lawyers conduct a comprehensive evaluation of the case to determine potential avenues for relief. This involves a careful review of the details surrounding the deportation order and an assessment of eligibility for waivers, asylum, or other forms of protection.

  3. Documentation and Application: Once a strategy is determined, the next step is to prepare the necessary documentation and submit applications for relief. This may include gathering evidence to support the case and demonstrating eligibility for the chosen form of relief.

  4. Legal Proceedings: Depending on the relief sought, there may be legal proceedings involved. This could include hearings, interviews, or appearances before immigration authorities. A skilled immigration lawyer will guide the individual through these proceedings and advocate on their behalf.

  5. Processing Time: The duration of the process varies widely based on factors such as the complexity of the case, the relief sought, and the current backlog in immigration proceedings. Individuals should be prepared for a potentially lengthy process and maintain open communication with their attorney throughout.

  6. Decision and Entry: Once a decision is reached, the individual will be informed of the outcome. If relief is granted, temporary entry to the USA may be allowed based on the terms specified in the decision. It's essential to carefully follow any conditions set forth in the decision to ensure compliance with immigration regulations.

Remember: Seeking temporary entry to the USA with a deportation order involves navigating intricate legal processes. While this article provides a general overview, it's crucial to emphasize that each case is unique, and the advice of an immigration attorney is indispensable. Consulting with a knowledgeable professional can make a significant difference in understanding available options, building a strong case, and increasing the likelihood of a favorable outcome.


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