Illegal reentry after deportation

If you want to know what happens with an Illegal reentry after a deportation, you should read this article. Especially if you already have an open process by the immigration authorities of the United States.

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Our immigration lawyers in Los Angeles are not only experts in these matters but also in criminal law. Therefore, we can offer better advice and legal representation if you are in trouble with immigration law. 

Consequences of an illegal reentry after a deportation from the United States in 2025

Entering the US illegally carries a series of penalties and fines provided for in the Immigration and Nationality Act (INA). But if the person is a repeat offender, these punishments increase because they become an offense with criminal and economic consequences.

However, the law also provides certain exemptions that allow the national foreigner to resolve their legal situation and return. At Lluis Law we are specialists in all kinds of immigration relief to help aliens get out of these predicaments.

Illegal reentry after deportation and subsequent capture can lead to a criminal conviction for a felony. This is provided by the Immigration Law (8 USC, Section 1326). In addition, the individual would have to pay fines of up to $250 or more if they have already received a previous penalty for the same reason.

What Is Considered Illegal Reentry?

It means returning to the United States without government authorization after being abroad:

• Entry to the country was denied. 
• You were removed, expelled, or deported from the US.
• You are permanently banned from entering again.

Illegal reentry is considered a federal crime.

What Punishments Are Imposed If You Get Caught By immigration officers In The United States?

In general, the penalties provided for in the law for these cases are as follows:

• 3 years. For people staying in the United States for more than six months. 
• 5 years. This is what happens if you get caught by immigration officers crossing the border: jail, fine and 5-year sanction.
• 10 years. For individuals who have been undocumented in the US for more than a year.
• 20 years. This sanction is imposed for illegal reentry after deportation with permanent bar or returning before time.

What Punishments Do Aliens Receive When Immigration Catches Them For The Second Time?

In addition to being prosecuted and sentenced to prison terms and fines, as mentioned above, the penalties for illegally re-entering the US are multiplied in the following cases:

• The national foreigner has a criminal record for any of the US deportable offenses.
• They were previously expelled from the country for accumulating illegal presence or illegal entry. 
• The new offense falls under the three strikes law or you had other offenses on your criminal record.

What Is The Penalty For Entering The United States Illegally?

Penalties for illegal entry could be:

• Up to 2 years in jail. If the illegal reentry was after living undocumented in the US and:
  • Obtained voluntary departure; or
  • They were deported by an immigration judge.
• Up to 10 years in prison and a fine. If the deportation order was due to a conviction for:
  • Three or more misdemeanor drug offenses.
  • Violent crimes (injuries) against a person or a felony (not aggravated).
• Up to 20 years in prison, fine and permanent ban on re-entry. If they were expelled following an aggravated felony conviction.

Note. If you are charged with multiple crimes, each sentence must be served separately. In any of these cases, illegal reentry into the US is considered a felony.

 Can You Return To The United States After Being Deported?

It depends on the circumstances and whether the alien served the punishment of three, five, ten or twenty years. There are certain legal reliefs that allow people previously removed from the US to return. 

How To Request a Waiver To Return To The United States? 

Immigration law establishes certain exceptions for people who have been deported and need to return to the US Through an immigration waiver of inadmissibility it is possible to return legally if certain eligibility requirements are met.

How Is Re-Entry Processed After Removal/Deportation?

This procedure is done through the US Citizenship and Immigration Service (USCIS). To do so, you must submit Form I-212, supporting evidence, and the payment of a $930 fee. 

The supporting documents that you must submit are:  

• Proof of family ties to US citizens or permanent residents (spouse, children).
• Rehabilitation of the crime for which they were prosecuted (drugs, violence, robberies).
• Good moral character. 
• Responsibility of a family member for their conduct / financial support.

Note. If the alien left voluntarily without being deported, they can apply to re-enter the US without filing Form I-212. 

What Are The Exceptions To Avoid The Permanent Re-Entry Ban?

After serving the 10-year sentence outside the US, they could qualify to return. For this, the help of an expert immigration lawyer who knows the law in depth is essential.

The exceptions are:

• Family reunification causes (family-based immigration petitions).
• VAWA visa application for national foreign victims of abuse and extreme mistreatment.

The applicant for the special re-entry permit to the US must demonstrate his or her rehabilitation and good moral character.

You may also be interested in reading about the consequences of unlwaful presence in the United States.

What Is The I-601 Waiver Or Inadmissibility Waiver?

If the alien is found inadmissible to re-enter the US, they can apply for this waiver through Form I-601. The Application for Waiver of Grounds of Inadmissibility is filed with USCIS, based on the reason for which they were previously removed.

People convicted of certain aggravated felonies are unlikely to receive this waiver of inadmissibility. Among them:

• Terrorist crimes.
• Sexual crime felonies (sexual abuse of a minor, rape).
• Murder.
• Firearms trafficking.

When Is The Permanent Bar On Returning To The US Imposed?

Returning to the United States or attempting to do so and being captured by immigration officers is reason enough. “La migra” (in Spanish) is the Immigration and Customs Enforcement Service – ICE or the Office of Customs and Border Protection – CBP.

The two cases in which the migrant can be sanctioned with the permanent prohibition of legal entry to the US are:

• The national foreigner has been living illegally for more than a year – continuously or cumulatively – leaves and tries to re-enter the country.
• You were deported from the US, re-enter illegally or attempt to do so, and are arrested by immigration authorities again.

The deportation and recapture of a migrant almost always leads again to removal with a re-entry ban. Even so, there are situations in which it is possible to find a way for the migrant to return legally.

What Happens When You Get Caught By The Border Patrol?

You will be arrested and transferred to an illegal migrant detention center where the migrant remains under arrest or imprisoned, depending on the case.

How Long Can A Person Remain In A Detention Center?

It can be just hours, days, or several weeks. However, according to migrant detention statistics published by the organization Freedom for Immigrants, there are individuals who have spent up to four years detained in these centers.

What Do I Do If I Am Arrested For Illegal Re-Entry Into The US?

Being detained again by immigration officers trying to cross or already being on US soil is serious. Immediately contact a good, experienced immigration attorney who gets in charge of protecting your rights. 

What If I Entered Legally But Stayed Illegal?

Entering on a US tourist visa or any other type of US non-immigrant visa and staying illegally is not considered a crime in the US. It is more of a misdemeanor or offense. 

However, it is a serious violation of immigration law that could result in deportation.

To avoid the accumulation of unlawful presence it is advisable to apply for a visa extension. Then process some type of migratory resource that leads directly or indirectly to obtaining the Green Card. For example:

• Residence by marriage.
• Asylum in the United States.
• U visa

Learn what the U visa is and the most frequently marriage-based Green Card interview questions.

What Factors Does USCIS Consider When Receiving A Reentry Application?

Each case is different and therefore the eligibility criteria are applied depending on the circumstances. Although there are certain factors that the agency takes into account to qualify an application, including: 

• Reason for the expulsion or previous deportation of the national foreigner.
• Time elapsed since your expulsion/deportation.
• Time of legal residence in the United States, if applicable.
• Moral character of the applicant and respect for the law.
• Applicant’s criminal record.
• Evidence of rehabilitation of the individual, if they were convicted of a crime that allows admissibility.
• Family member who will be in charge or responsible for the applicant.
• Whether or not there are grounds for permanent inadmissibility to the US. 
• Difficulties or damages that could be caused to a family member if your request is denied.
• Strategic services that the applicant can provide to the US.

Hiring an immigration attorney specializing in this matter is crucial to pave the way. At Lluis Law we have renowned lawyers with 50 years of combined experience.

What Happens If You Return After Being Deported?

Illegal reentry after permanent barring deportation is considered a federal felony. What happens if immigration officers catch you for the second time in these circumstances, is that you will be immediately detained.

Apart from the sanction for illegal reentry after deportation established by law (prison / fine) there are other consequences. Inadmissibility applies for 3, 5, 10 or 20 years. 

What Is Reinstatement In Immigration?

This is the name given to the procedure by which an alien who has been previously deported and re-arrested enters into an accelerated expulsion process. This is exactly what happens if you get caught by immigration authorities crossing the border for the second time.

In other words, the original deportation process is restored and the immigrant loses the right to appear before a judge.

What Is The Procedure Prior To The Reinstatement Of A Removal Order?

Immigration authorities will determine whether or not the individual is subject to reinstatement of a prior order by:

• Checking if there is a previous deportation order against that person.
• Verifying that the identity of the national foreigner corresponds to the person removed before or if they left voluntarily.
• Verifying that the person does not have legal status after re-entry.

To reinstate a previous order of deportation, it is essential to confirm the identity of the detained national foreigner. Otherwise the immigration officer cannot do it.

What If I Get A Notice To Appear And I Don’t Show Up?

Disregarding a court order only makes things worse for the illegal immigrant. If they receive a Notice to Appear (NTA) and don’t appear at the deportation hearing, the judge will try them in absentia.

In these cases, the court imposes the five-year immigration bar. That means that apart from being expelled from the country when you are arrested there will be no possible exemption for them to stay.

For What Reasons Can An Alien Be Deported From The US And Declared Inadmissible?

Here are some of the reasons an alien may be declared inadmissible to re-enter the US: 

• It was already inadmissible upon entering the US.
• They had a condition of inadmissibility at the time of adjusting their immigration status.
• You violated the conditions of your immigration status. For example, returning before completing the 3, 5 or 10 years bars.
• They had a criminal record for felonies committed in the US.
• You acted on behalf of a foreign government, organization, or person without registering with the Department of Justice. 
• They falsified identity documents.
• They constitute a threat to the security of the nation.
• They illegally voted to elect the president.

A criminal record does not automatically lead to deportation. But certain criminal offenses as already indicated will indeed lead to deportation. That is why it is important to speak with an experienced immigration attorney to be sure of your options. 

In What Situations Can Immigration Authorities Not Reinstate A Previous Deportation Order?

These are the cases in which an immigration officer cannot reinstate such an order against an alien:

• You are eligible for adjustment of status to permanent residence under Section 245A of the INA.
• You are eligible and applied for adjustment of status based on:
• The Haitian Refugee Immigrant Fairness Act (HRIFA); or 
• The Nicaraguan Adjustment and Central American Relief Act (NACARA law); or
• Expresses credible fear of returning to their country of origin causing them to become an asylum seeker.

Note. If the application for adjustment of status or asylum is approved, the previous removal order loses legal effect. It is unenforceable by USCIS. But if, finally, said request is denied, USCIS can reinstate the previous order of removal.

What Defenses Can Be Invoked In An Illegal Reentry Case?

The deportation order issued by the court could be challenged if the national foreigner qualifies for immigration relief. The most common defense in this case is:

• Declare the well-founded fear of persecution or torture if you return to the country and request asylum; or
• Request to be a beneficiary of the United Nations Convention against Torture (CAT).

Is There Nothing To Do After A Removal Order Is Reinstated?

There is still a relief available in the law. Although the immigration law does not allow exemptions from deportation in these cases.

The national foreigner judged in absentia for appearing at the immigration court hearing has the right to request the reopening of the case. 

The purpose of this legal guarantee is to provide the national foreigner with the opportunity to explain the reasons for their absence. There are force majeure circumstances that could have prevented them from doing so and would serve to seek available immigration relief.

Other scenarios in which it is possible to reopen the case before deportation are when the:

• Alien exhausted all available administrative reliefs before USCIS related to the prior removal order.
• Removal order improperly deprived the person of seeking judicial review.
• Imposition of the deportation order was “fundamentally unfair”.

The reality is that an immigration appeal process can be won. Learn about the motion to reopen and reconsider in our appeals article.

Can I Be Locked Up For Being In The US Illegally?

Not necessarily. Staying illegally in the country is not a crime but an offense. There are many reasons why a person could add illegal presence (family reasons, health and others).

National foreigners who stay illegally for any length of time are generally punished with fines. Entering the US illegally is considered a crime and carries a 6-month prison sentence and a fine. 

• For a second time or recurrence, the penalty increases to two years: or
• Five and/or $250,000 fine if you entered the US through a sham marriage.

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If you still have questions about the Illegal reentry after a deportation from the US and you need legal representation in Los Angeles immigration court, call now. We are experienced appeals, motions, and withholding of removal attorneys.