Prior Deportation/Removal

Any applicant who has been ordered removed from the United States—either by an expedited removal order by U.S. Customs and Border Protection or a deportation order by a U.S. Immigration Judge—will be declared inadmissible for a fixed period of time. After an expedited removal order, inadmissibility will follow for five years after departure; after a deportation order, 10 years; and after any second or subsequent order of any kind, 20 years.

Waivers are available to overcome inadmissibility based on a prior removal. However, it is important to note that other grounds of inadmissibility also typically apply to these cases because without prior violations, there may not have been a prior order of removal. It is important to keep this in mind, as the cumulative effect of other violations may render the applicant ineligible for a waiver, or may reduce the chances of a waiver's success.

To determine the best course of action in your individual case, please contact our office to schedule a free consultation.