How long can you be deported for

Its significance is that, although people who carry nonimmigrant visas or green cards have rights to live and work in the United States long-term, these rights depend entirely on following certain rules and avoiding certain types of legal violations.

Only immigrants who have successfully become U. First, let's get clear on which part of the law we're talking about. There's a whole separate list of problematic issues for people "seeking admission" to the United States. It's called the grounds of inadmissibility, and mostly applies to first-time applicants for visas or green cards. See Inadmissibility: When the U. Can Keep You Out. However, in rare situations, even green card holders can end up in double trouble, facing inadmissibility.

In particular, people who spend continuous days or more outside the U. See I. Even if such person are let back into the country, they are considered to be seeking readmission to the United States, so any reason for keeping people out of the U.

Even if the immigration authorities believe that you are deportable, you will not be kicked out of the country right away. In most cases unless, for example, there is an outstanding order of removal in your file , you have a right to defend your case in immigration court. For some types of deportability, the law may provide a waiver legal forgiveness that you can apply for. Definitely get expert help from a lawyer's help if you are facing removal proceedings or believe you might have become deportable.

The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. Reentry procedures following deportation vary, depending on the reason why the person was deported in the first place, the number of relevant violations, and more, as discussed below.

Of course, if you are planning to apply for reentry to the U. The reasons for a non-citizen's deportation usually fall into one of the following four categories:.

There are different types of waivers for each ground of removal , with the exception of security-related grounds. No waiver is available to an non-citizen found to pose a security threat.

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. Aliens 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 individuals 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 a person has been removed. The consequences become more severe following each removal. The consequences also vary based on whether an alien leaves the United States before removal hearings or after.

An alien who agrees to leave the United States before attending removal hearings might be allowed to enter the United States sooner in the future than if the alien fights the removal, participates in removal hearings, and is eventually ordered to be removed.

An alien who would have left the U. 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.

Timeframe to Get a Nonimmigrant U. Talk to a Lawyer Need a lawyer? Start here. Practice Area Please select Zip Code. However, some criminal arrests will be followed by a detainer placed by Immigration and Customs Enforcement ICE because of the nature of the underlying offense. Alternatively, one can also get detained by ICE after having been convicted of a criminal offense Read More. There is no difference between removal and deportation. Removal is a newer term for what was deportation proceedings and encompasses inadmissibility and deportability.

People seeking to be admitted to the USA are subject to the grounds of inadmissibility INA a and persons who have been admitted are subject to the grounds of deportability INA Sec It depends, someone detained will be on an expedited docket Months but a non-detained person will not.

However, the current administration is pressuring Immigration Judges to complete cases as soon as possible and less continuances will be granted to pursue pending benefits at USCIS. It also depends on the location of the court and how many immigration judges there are at that location. At the Orlando Immigration court, expect If it is a non-LPR cancellation, you can wait a few years after your individual hearing to get your green card if your case is granted because the visa numbers are numerically limited, and those numbers are backlogged several years.

Usually a decision from them is During this time, you can renew your work permit and remain in the USA.