It is a commonly misunderstood that an order of removal or deportation is tantamount to permanent banishment from the United States. While an order does bar an individual from re-entry, it does not necessarily mean that a person is forever banned from the United States. In some cases, an order prohibits re-entry for five years. In the vast majority of cases, however, an order bars admission for a period of ten years. The important thing to understand is that once an individual has spent the requisite period of time outside the United States, he or she will not be automatically barred from admission. Of course, there may likely be other grounds of inadmissibility that prohibit a person from coming, (e.g., unlawful presence, fraud, crimes), but the force of the removal order is attenuated and ultimately extinguished once the time period is over.
Here's the transcript to our latest video on Youtube. Many people are under the misimpression that despite a removal or deportation order, it is quite easy to fix one's status if married to a US Citizen. The reality, of course, is that these types of matters are much more complicated. Like everything in the law, everything is case and circumstance specific. Is the person still here in the US? Has the person already left the US? In the latter, a departure under an order will usually execute a ten year bar: in order for the individual to return to the US, even with an approved petition, he or she must usually request special permission on Form I-212 to return to the US before the expiration of the ten years. If the person has stayed in the US in violation of the order, things can get dicey: if ICE were to apprehend the person--who is, in essence, a fugitive--the government would normally just take steps to execute the order. On the other hand, depending on the circumstances, ie., an approved I-130 filed by an Immediate Relative, there may be an opportunity to reopen the court case, rescind the order, and possibly apply for relief.