Reentry to the U.S. After Being Deported
Reentry to the US after deportation – Immigration law in the United States is a hot-button issue and the concept of allowing an individual who has been deported to reenter the United States causes a lot of potential concerns. Entering the United States without permission is considered an entry-related offense and can subject an individual to criminal offenses. Title 8 of the U.S. Code addresses situations where individuals have reentered the United States without permission.
8 U.S.C. § 1325
Under § 1325 of the U.S. Code, it is considered a crime to enter the United States unlawfully. This applies to migrants who do not enter the U.S. with proper inspection, who make false statements at the border in order to enter the U.S., or who attempt to avoid examination by border patrol authorities. A first-time offense is considered a misdemeanor and may be punishable by a fine, six months in prison, or both.
8 U.S.C. § 1326
This section of the U.S. Code states that it is a crime to reenter the U.S. after an order of deportation, removal, or denial of entry has taken place. This crime is punishable as a felony and carries a maximum sentence of two years. If the offender has a prior criminal history, higher penalties may apply depending on the individual’s history and the severity of the offense committed.
How Does Someone Reenter the U.S. if They were Deported for a Criminal Offense?
When an individual has an order of deportation, depending on their offense, they may be barred from entering the United States for a period of five, ten, or twenty years. If the individual was convicted of an aggravated felony, they are permanently inadmissible and may not reapply for reentry into the United States.
An individual who wants to reenter the U.S. after being barred from reentry must either wait the required period of time to apply for an immigration benefit or they may ask the U.S. permission to reenter by filing Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal. Form I-212 may be filed with the USCIS before an individual has waited to required period of time for reentry. Depending on the person’s reasons for removal from the United States, they may also need to file Form I-601, Application for Waiver of Grounds of Inadmissibility.
Consider setting up a consult with an attorney at Gilles Law, PLLC. You can reach us at 980-272-8438 at our office in Uptown Charlotte. We are here to assist with your inquiries.
This Blog/Web Site is made available by Gilles Law, PLLC , a Charlotte-based law firm, for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site, you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.