How long is a person deported for

An non-citizen who was removed because of an aggravated felony likely has to stay out of the U. If removed for a lesser charge, the non-citizen might have to wait five or ten years before applying for a waiver.

The severity of the grounds for removal will affect the likelihood of approval for a waiver. Foreign nationals are inadmissible for the period specified in I. Departure while a removal order is still in effect also makes someone inadmissible under I. It makes people who return or attempt to return to the United States without admission inadmissible if they:. There are different restrictions on reentry depending on the reason for removal and the number of times they've been removed.

The consequences become more severe following each removal. The consequences also vary based on whether people leave the United States before removal hearings or after.

Those who agree to leave the United States before attending removal hearings " voluntary departure " might be allowed to enter the United States sooner in the future than if they fight the removal, participate in removal hearings, and are eventually ordered to be removed.

An alien who would have left the U. Here are the typical require wait times for reentry to the U. You must submit all paperwork and correspondence regarding your removal along with your I application. You must also submit documentation of your relationship to anyone you listed as a relative on the application.

Documentation such as birth and marriage certificates will prove your relationship. If your relative is a U. Depending on the reason for your removal, you will likely also need to submit a Form I, Application for Waiver of Grounds of Inadmissibility. While filing an I might remove the prior removal restrictions, Form I is needed to remove the grounds for removal, for example, to obtain a waiver for a conviction of a crime of moral turpitude.

The form should be submitted to the local immigration office where the removal hearing was held. If applying from abroad, you should file Form I with the U. Some of the main ones are:. You can be deported for an aggravated felony see 8 U.

See pages Immigration law has other grounds of deportation. For example, you can be deported if you overstayed your visa, or committed marriage fraud, or are a threat to the security of the U. You cannot be deported if you have a criminal conviction on direct appeal since it is not final. However , if you filed a habeas corpus petition, or a motion to vacate your criminal conviction, the conviction is final and the government can deport you while you are waiting for the decision on that case.

Ask for a copy of your criminal record from the state where you have a conviction. Give your full name, date of birth, address, and social security number and include a stamped, self-addressed envelope. You can also request a certified copy of the docket sheet if you contact each court where you have a criminal conviction. You can ask the criminal court not the Immigration Court to vacate or erase your criminal conviction for certain reasons. One reason is if you pled guilty but the judge did not warn you that pleading guilty could lead to deportation from the U.

A person in Massachusetts must receive this warning before pleading guilty. There may be other ways to vacate a conviction if you pled guilty and did not understand your rights. If the criminal court vacates your conviction, the prosecution can still bring the charges against you again, but sometimes the prosecution does not do so.

Try to find a lawyer to help you, perhaps the lawyer who represented you in your criminal case. You may also be able to lower your sentence by filing a motion to revise and revoke your sentence. Some crimes are aggravated felonies, such as theft or assault, only if you received a sentence of one year or more. If you lower the sentence to less than one year, the crime may not be an aggravated felony. An Immigration Judge, however, will usually not stop a deportation case just because you have asked the criminal court to vacate or dismiss the conviction or lower the sentence.

So, it is important to get the conviction vacated or dismissed, or lower the sentence as soon as possible. After deportation , a person must wait either 5 or 10 years depending on the case before returning to the U. After a second deportation the wait is 20 years. You can ask Immigration for permission to re-enter sooner but Immigration may not allow it. If you are deported for an aggravated felony, you can probably never return to the U. The attorney listings on this site are paid attorney advertising.

In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Lawyer Directory. Call us at 1 Home Legal Information Immigration Deportation. Reentry to the U. After Removal Deportation. Someone who has been removed deported from the United States cannot apply for a new immigrant visa, nonimmigrant visa, adjustment of status, or other admission to the United States without facing certain legal restrictions.

Waivers Following Serious Criminal Offenses Some people have a better chance than others of receiving waivers to reenter the United States. Among the factors considered will be: basis for removal length of time since the removal length of residence in the U. Illegally Returning to the U. You Will Need to Hire a Lawyer Applying to reenter the United States following removal is extremely complicated, and far more difficult than applying to enter the United States for the first time.

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