How to apply for reentry after deportation

With the current immigration uncertainty, many are wondering how to apply for reentry after a deportation and if you can return at some point in the future to the United States.

The answer is not so simple because everything depends on the circumstances of the case. 

That’s why our immigration attorneys in Los Angeles analyze each scenario carefully to offer real solutions to those seeking a second chance in the US.

What happens if you’re deported from the United States in 2025? Can you really apply for reentry after deportation?

In some cases, it is possible to legally return to the US after deportation, but it is not immediate and is not guaranteed. 

All of this will depend on the grounds for the deportation and how much time has passed since then. It’s important to note that you must wait a certain period of time and then submit an immigration waiver of inadmissibility to the United States. 

Immigration waivers are only available in certain cases and require specific requirements. At Lluis Law, our immigration lawyers specializing in deportation can help you determine if you qualify for this immigration relief.

Can I fix my papers if I have a deportation?

In some cases, it’s possible to arrange paperwork even with a deportation order, but it will depend on several factors. For example:

• The grounds for deportation; 
• How much time has passed; and 
• If you have relatives who can request it.

If you are under voluntary departure, please see our article: Can you arrange papers with a voluntary departure?

How long does it take to re-enter the United States?

After a deportation, the wait time to legally re-enter the United States depends on the grounds and the individual’s immigration history.

• 5 years: If you were detained upon arrival in the US or at the border.
• 10 years: If the deportation order was issued by an immigration judge.
• 20 years: If you re-entered illegally after deportation or committed a serious crime.

In some cases, the bar may be permanent, but it is still possible to apply for a waiver of inadmissibility.

Note: Are you looking for personalized information about how to return after deportation? If so, don’t hesitate to call us, as time is of the essence in these cases.

Who can apply to return to the US after being deported?

Although deportation may seem like the end of the road, in many cases it is possible to apply for legal reentry into the United States through an immigration waiver, such as Form I-212. 

This immigration relief is available to certain immigrants who have been declared inadmissible. To qualify, individuals must meet the following requirements:

• They are seeking to obtain an immigrant visa from abroad.
• They wish to adjust their status under section 245 of the INA (with some exceptions).
• They want to enter as nonimmigrants through a port of entry, without needing a visa.

However, if the immigrant is inadmissible for having re-entered illegally after deportation, they must be outside the US and have waited at least 10 years since their last departure.

What forms do I need to apply to return to the United States after deportation?

If you want to apply for reentry after deportation, you will likely need to file one or both of the following immigration forms with USCIS:

• Form I-212: This is an application for permission to reapply for admission to the country after deportation or expulsion. This permission is required when the statutory punishment period has not yet elapsed.
• Form I-601: If, in addition to being deported, you are considered inadmissible for other reasons, you must also submit this immigration waiver.

Both forms require detailed documentation and careful legal analysis. At Lluis Law, our Los Angeles immigration attorneys can help you understand whether you need one or both forms and guide you through the entire process.

Note: As of May 1, 2025, only forms with a January 20, 2025 edition will be accepted. Make sure all pages of the form have the same edition date and the numbers visible at the bottom, or your application may be rejected.

Can you always Obtain a Waiver of inadmissibility?

Initially, no. There are cases of inadmissibility that cannot be waived, that is, scenarios in which it is not possible to request an immigration pardon. For example:

• If you have ever falsely claimed to be a US citizen, you will be inadmissible for life, without the right to a waiver (with some exceptions).
• If you have been charged with drug trafficking, you will also not be able to apply for a visa exemption.

Additionally, if you missed an immigration hearing and were deported in absentia, you will not be able to apply for a visa or waiver for 5 years unless you show reasonable cause for not showing up.

What does USCIS consider when evaluating whether a deported immigrant can return to the United States?

There is no specific profile or fixed requirements for obtaining a re-entry permit after facing any type of deportation in the United States. USCIS reviews each case individually, evaluating factors such as:

• Grounds for deportation.
• How much time has passed since then.
• How long have you legally resided in the US.
• Moral character and respect for the law.
• Evidence of rehabilitation.
• Your family responsibilities.
• If you are inadmissible for other reasons.
• The difficulties you or your family face.
• If there is a legitimate need for you to return to the US.

How do I know if I have a deportation order from the United States?

Knowing whether you have a deportation order is key to understanding your immigration options. If you’ve ever faced proceedings before an immigration judge, there may be a warrant against you, even if you weren’t detained.

To verify this, you can use your A-Number (alien number) and log into the immigration court ‘s case information system.

When is a deportation erased?

A deportation is not “erased” as such; it remains on your immigration record. However, it is possible to request cancellation of removal. 

If approved, the order would no longer be in effect and the aliens would be able to adjust their status over time. 

This process can take several years, depending on the court’s workload and the availability of judges.

Frequently asked questions on How to apply for reentry after deportation from the United States

Can you return to the US after a felony or illegal reentry?

Obtaining an immigration waiver of inadmissibility after committing a felony is extremely difficult. 

This applies especially in cases such as murder, rape, child sexual abuse, drug trafficking, etc. In these situations, legal reentry is prohibited for 20 years, even if the individual has only been deported once.

On the other hand, illegal reentry after deportation is a serious federal crime. Those who do so face criminal penalties and, in many cases, a permanent ban.

Am I considered to have had a deportation order if I voluntarily left the United States?

If an immigration judge granted you voluntary departure from the United States and you left the country before the deadline, you are not considered to have a deportation order.

However, if the agreed deadline is not met, this voluntary departure automatically becomes a deportation order.

Can I return to the United States after expedited Removal?

Yes, but the options are very limited. Expedited removal carries a five-year inadmissibility penalty, and if you re-enter illegally during that period, you may receive a permanent ban.

In some cases, an individual may be able to re-enter the United States and apply for asylum or protection under CAT if they demonstrate a credible fear of returning to their country. 

However, he would no longer be eligible for certain immigration applications, such as family-based residency. To return after an expedited deportation with a permanent bar, aliens would have to wait 10 years outside the country and then apply for a waiver.

What happens if I was deported and return to the United States?

If you have already been deported and return to the United States without permission, the government can deport you again immediately without the right to see a judge.

Additionally, re-entering illegally after deportation could land you in prison, especially if you have a criminal record or multiple prior illegal entries.

If you are deported from the United States, can you return with the help of an immigration lawyer?

Legally returning to the United States after deportation is a complex process that depends on multiple factors. However, having specialized legal advice can make all the difference.

At Lluis Law, attorneys David and Ramiro Lluis have over 50 years of combined immigration experience, so they are prepared to evaluate your case and guide you through your search for an immigration waiver.

Schedule a consultation today and receive a professional evaluation of your prospects for re-entry into the United States.