How Long After Deportation Must You Wait For a Visa?

How Long After Deportation Must You Wait For a Visa?

Getting deported from the United States can be an extremely difficult and traumatic experience. Many individuals who are deported wish to legally return to the U.S. at some point in the future through proper channels. However, there are often long waiting periods before a deported individual can apply for a new visa.

According to U.S. immigration law, the amount of time you must wait to apply for a new visa after deportation depends on the reason you were deported. Generally, individuals deported for minor immigration violations must wait 5 years from the date of deportation before applying for a new visa. Those deported for more serious reasons like criminal convictions may have to wait 10 years or longer.

5 Year Ban

A 5 year ban from re-entering the U.S. after deportation is common in cases involving:

• Expired visas
• Visa overstays
• Other minor immigration violations

So if you were deported simply because you overstayed your visa or had another minor immigration issue, you would typically need to wait 5 years from the date of your deportation before applying for a new visa to enter the U.S. legally.

10 Year Ban

Individuals deported from the U.S. for more serious reasons may face a 10 year ban on re-entry. This often applies to those deported due to:

• Multiple immigration violations
• Fraud
• Misrepresentation

For instance, if you were deported for providing false information on an immigration application or having multiple immigration violations, you would likely need to wait 10 years before applying for a new U.S. visa.

Permanent Ban

In the most serious cases such as:

• Aggravated felonies
• Security risks
• Other dangerous crimes

A permanent ban from re-entering the U.S. may be imposed. Those deported for aggravated felonies or posing security risks may be permanently barred from obtaining a new U.S. visa at any point in the future.

Getting a Waiver

While the waiting periods described above are standard, there are some cases where exceptions can be made. Individuals subject to 5 or 10 year bans may be able to get a waiver to apply for a new visa sooner if they can demonstrate that:

• Being barred from the U.S. would cause extreme hardship for their U.S. citizen or permanent resident spouse or parent
• They would suffer extremely unusual hardship themselves if not allowed to return

Getting an extreme hardship waiver is difficult and requires solid evidence, but it is possible in some cases to get approval to apply for a new visa less than 5 or 10 years after deportation.

Other Considerations

A few other things to keep in mind about re-entering the U.S. after deportation:

• Any new visa application could be denied due to your prior immigration violations or deportation
• You may need to obtain permission from the Department of Homeland Security or a waiver in order to re-apply
• If previously deported, trying to re-enter the U.S. without permission can lead to federal charges and long prison sentences

So while getting deported does not necessarily permanently ban you from ever returning to the U.S., there are often lengthy waiting periods involved. Consulting with an experienced immigration attorney is highly recommended to understand your options and timeframes for legally re-entering the country after a prior deportation.

Resources

Related Articles:

• Applying for a Visa After Deportation
• Immigration Waivers for Previously Deported Individuals

Videos:

Relevant Laws and Policies:

• USCIS Policy Manual
• Immigration and Nationality Act