Lee & Garasia, LLC
  • Tel: 732-516-1717
  • Toll free: 888-404-5876
Experience, Accessibility, and Excellence for Over 20 Years
  • "Lee and Garasia are excellent lawyers, punctual and professional. They are dedicated to going above and beyond the usual level of service to meet your client's needs. Their staff is very knowledgeable, friendly and polite. I would highly... recommend this firm to anyone." Read More

  • "I would definitely recommend Mr.Lee and Garasia as an immigration attorney because they did a great job with my case i.e. of Adjustment of Status (i-485). Mr. Lee helped us in each and every detailed information and prepared to the best of it. It was all well done and would like to appreciate." Read More

  • "I would like to thank my lawyer Mr Lee & Garasia and the staff for all immense help and patience throughout this entire process, I really appreciate your constant attention to my case, as well to my questions and my concerns. You've really made this process much more comprehensive to me, which I greatly appreciate." Read More

  • "Mr. Lee and Ms. Garasia did a great job with my renewal of my permanent residence application. They help prepare the paperwork with such a great attention to details and accuracy. I will recommend the law firm every time." Read More

  • "Mr. Lee did a great job with the renewal of my permanent residence application. My case was very time sensitive and they worked really fast on my case with great detail and accuracy. I will recommend the law firm every time." Read More

  • "I would recommend Attorney Paris Lee for anybody who needs immigration consultation. Mr. Lee is THE lawyer who respects and cares clients. Mr. Lee is professional and honest. Bottom line, preparation for the results and NO BS!" Read More

  • "Stalin - Lee did a wonderful job, Got my wife her visa in one year. He is extremely helpful and knowledgeable. I would highly recommend him for all your immigration needs." Read More

  • "Hello. I appoint him as my immigration lawyer and that way he solved my cases was truly amazing. He was so honest and knowledgeable for his work.He solved my all family immigration issues and because of his effort we were able to get done our immigration work done successful. Thank you lee and garasia." Read More

  • "Lee & Garasia stand for accountability and responsibility. They are reliable, honest and are always constructively looking for a solution. A big thanks :)" Read More

Can My Family Member Return To The US After Deportation?

With respect to immigration consequences, removal from the United States is commonly regarded as the most punitive measure the US government can impose on a non-US Citizen. Depending on the circumstances of and setting in which the removal order is issued, an individual may be banned from the US anywhere from five years to permanently. If an individual is stopped and removed at the border, this may mean that he/she was the subject of an expedited removal proceeding. Individuals are deemed inadmissible for five years under these circumstances. (Note, however, that not all encounters at the border in which an alien is sent back necessarily result in an expedited removal order; sometimes, a person may accept a voluntary return.) If an individual was the subject of an Immigration Court hearing within the United States under section 240 of the Immigration and Nationality Act, and issued a removal order, he is ordinarily barred for ten years.

Interestingly, a removal order does not necessarily mean that an individual is forever banished from the US. Technically, it means that the person will be held inadmissible and denied admission if he or she applies for permission to enter the country before the requisite time has passed. So, for example, if a person is ordered removed at the conclusion of removal proceedings, he or she will normally be denied entry for at least 10 years. However, once the ten years has passed, that person may potentially still be readmitted to the US, provided of course, that there is an underlying visa application or petition that has been approved. So, in the case of family members who have been deported, they may still one day be able to return after the removal order has expired. It is important to understand, though, that there may be other inadmissibility grounds--aside from the removal order-that may need to be addressed. For instance, if a person has been deported for having been convicted of a crime involving moral turpitude, he or she will still be deemed inadmissible-even after the 10 years-unless and until that criminal inadmissibility bar is waived. Similarly, if a person has made a willful misrepresentation to the government in connection with an immigration benefit, that fraud or misrepresentation may need to be waived.

In some cases, a deported person does not necessarily have to wait out the full terms of his/her removal order before attempting to come back to the US. There is a mechanism by which a person may ask for the government's permission or consent to apply for admission before a removal order has expired. Such permission is applied for through Form I-212. As noted above though, approval does not ensure that the foreign national will be admitted. There still has to be an underlying basis (ie., approved family or employment petition), a visa must be available, and no other basis of inadmissibility (ie., criminal bars, fraud, unlawful presence, etc.) exists.

These options, of course, assume that the individual is applying for permission to reenter the US. The last thing a deported person would probably want to do is to illegally reenter the US. Not only is such an act criminal, there are a number of drastic immigration consequences, such as reinstatement of removal and the triggering of a permanent bar of inadmissibility.

For more information on how to properly reenter the US after deportation/removal, please contact our office. The foregoing is general information only and not intended to substitute for legal advice.

No Comments

Leave a comment
Comment Information

PROFESSIONAL RECOGNITION

    • The National Advocates | Top 100 Lawyers
    • Rated by Super Lawyers | Angie Garasia | 5 Years
    • Avvo Rating 10.0 | Superb
    • Client Distinction Award martindale.com | 2016 Martindale-Hubbell Client Distinction Award
    • New Jersey State Bar Association | Paris Lee Chair - Immigration Section 2015-2016
    • Nationally Recognized | Newsweek Nationwide Showcase | Top Attorneys 2013
    • New Jersey Chapter | American Immigration Lawyers Association | Angie Garasia | Chapter Chair 2015-2016
Email Us For A Response

Start Your Case Evaluation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Lee & Garasia, LLC
190 State Route 27
Edison, NJ 08820

Map & Directions

icon phone732-516-1717 icon phone888-404-5876