Being deported or “removed” is a life-altering experience, particularly if it occurred under dubious or illegal conditions. Perhaps you were deported without due notice. Perhaps you didn’t receive a fair hearing. Or perhaps the procedure didn’t comply with the law at all.
Now you’re asking: Can you return?
The short answer is maybe, but it’s complicated.
Let’s break down what that actually means.
First, What Is “Deported Illegally”?
Not every deportation occurs in the right manner. At times, individuals are deported from the U.S. without being provided with their legal rights. That may encompass:
- Being denied legal representation
- Being deprived of a fair hearing
- Being deported despite maintaining legal immigration status
- Being deported after you have expressed fear of returning to your home country, without a chance to be interviewed by an asylum officer.
- Being removed on the basis of wrong or incomplete information
If any of that occurred to you, you might have been deported illegally. But you’ll need solid evidence to show it—and that’s where legal assistance comes in handy.
Are You Automatically Allowed Back In?
No, not automatically.
Even if your deportation was illegal, you can’t simply arrive at the border and be readmitted. You will have to show you have some legal right to enter or remain in the United States. There is still a process you need to go through, and in most situations, it begins with submitting an official request or legal motion.
Below are some options:
1. Motion to Reopen or Reconsider
If you had a case in the immigration court, but your removal was due to mistakes, such as a lack of notice, lack of evidence, or incorrect information, you can ask to have your case reopened or reconsidered. This will usually need to be done within 90 days of the removal order, but there are exceptions for specific situations, such as changes in law or new evidence, or if you never received notice of your hearing.
This has to be processed through immigration court, and most often with assistance from an attorney.
2. Lawsuit in the Federal Court
If you believe that the U.S. government did not follow the law and therefore removed you from the country illegally, you can file a lawsuit in a federal court naming the United States or certain government officials or agencies as defendants. Depending on the circumstances, close relatives or other people in the United States who were harmed by your deportation may be able to file such a case for you.
How to file, where to file, and what people to list as plaintiffs and defendants will depend on the exact circumstances of your case. You may be faced with very short deadlines to file a case also. You will almost certainly need a lawyer to handle this kind of case.
3. Petition for Review of Reinstatement of Removal
If you have ever been removed or deported from the United States in the past, and you re-entered the country without permission, then in some circumstances the government can just re-use the same old removal order against you. This is called “reinstatement of removal.”
If you believe that the government wrongly re-used an old removal order against you, you can file a Petition of Review in the Court of Appeals which has jurisdiction over the place where the reinstatement order was issued. This is a hard case to make, and it also must be filed within 30 days of when the reinstatement order was issued (not 30 days from when you were actually removed).
4. Class Action Lawsuits
If a large number of people were wrongly deported in a similar manner, then it is possible to have one single lawsuit where all of the those people are represented as a class. Often, these cases are filed by civil rights organizations who have been in contact with a number of people who were wronged in the same manner. If you hear on the news about a class action lawsuit about illegal deportations that seems similar to what happened to you, get in contact with the organization or law firms involved and find out if you might join the case.
5. Consular Processing with Waiver of Inadmissibility (Form I-212 or Form I-192)
If you were deported and are now barred from re-entering the U.S. for a specified time (usually 5, 10, or 20 years), but you are otherwise eligible for an immigrant or non-immigrant visa, then in some cases you can ask the government to waive the 5-, 10-, or 20-year bar, and to allow you to re-enter on a new visa. This process is available whether or not the deportation was done legally.
You’ll have to present compelling reasons for returning, such as family connections, important work, adversity, or having lived legally in the U.S. prior to removal. You must also demonstrate that you don’t represent a threat to national security or public safety. If you are applying for an immigrant visa (i.e. a green card), you will have to show extreme hardship to specific relatives who are citizens or lawful permanent residents of the United States.
There is no guarantee that a waiver will be granted, and the process will require gathering evidence and making legal arguments. An attorney can help you determine whether you might qualify for a waiver, and prepare your case.
Do You Need a Lawyer?
Nearly always—yes.
Attempting to return to the U.S. following a deportation, particularly if that deportation might have been done illegally, requires digging through court documents, national immigration guidelines, and various government offices.
A misplaced paperwork or a missed deadline can put you years behind.
Having a skilled immigration lawyer guide you through your choices, fill out your documents, and advocate for you in legal action can make all the difference.
Final Thought
Yes, it’s possible to return to the U.S. after being deported, even if the removal was unlawful. But it’s not a simple or automatic process. You’ll need to follow the right legal channels, file the correct forms, and in most cases, work with a lawyer who understands immigration law.
If you think you were deported from the U.S. illegally, don’t just ignore it. Seek legal counsel and discuss your options as soon as possible. The sooner you do something, the more options you’ll have.