Legal Question in Immigration Law in New York


Could a person who entered the U.S illegally and been deported could enter the U.S legally

Asked on 3/24/07, 4:51 pm

1 Answer from Attorneys

William Frenkel Frenkel Sukhman LLP

Re: Deportation

Yes, but not for a while and not if the deportation was based on an aggravated felony conviction.

A person who was placed in deportation proceedings upon entry to the US and was ordered deported is inadmissible for a minimum of five years. If the person is ordered deported from the U.S. after a deportation or removal hearing or who departed while an order of removal was outstanding, he is inadmissible for 10 years. After a second deportation, the period of inadmissibility is 20 years. Those who have ever been convicted of an aggravated felony are permanently inadmissible to the US.

In some circumstances, periods of inadmissibility following deportation or removal may be waived and a person previously deported may be permitted to re-enter the U.S. before his ban on admission ends. The applicant must request permission to return to the U.S. prior to entry by filing Form I-212. The process for granting permission for re-admission is discretionary. USCIS weighs factors favorable to the applicant when determining if permission to re-enter will be granted. Factors that will be considered include the basis for deportation, the length of time elapsed since the deportation, length of residence in the U.S., the applicant's moral character, respect for law and order, evidence of reformation and rehabilitation, family ties and responsibilities, inadmissibility under other sections of the law, hardship to the applicant and others, and the need for the applicant's services in the U.S.

Consult an immigration attorney for specific advice.

The above reply is in the nature of general information, is not legal advice and should not be relied on as such.

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Answered on 3/24/07, 6:26 pm

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