I am trying to find out what the requirements are for someone who has been deported to return?

Question

I am looking at this website www.uscis.gov to find out if there is a way for someone who has been deported to legally return to the U.S. I tried reading the site but it is all confusing and Im not sure if Im even looking in the right place. Can someone help me?

Answer 1

Look, there is a 10 yr bar if you were deported, that part of the advice you got from others is correct. What is incorrect is that he could not return before that date. He can, if after filing an I-212 application found at the (USCIS website) he gets an approval. It will not suffice to just get an approval, he will also need to get a legitimate visa like everyone else.
If he was deported for some criminal offense, then he also would need a separate waiver, likely using form I-601. Some crimes or offenses are not waivable so he REALLY NEEDS TO CONSULT an immigration Lawyer. Believe it or not, some child molestors can technically get a waiver but someone who slapped his wife once, can not. (Domestic violence makes you permanently inadmissible.)
I STRONGLY ADVICE you donot try to do this by yourself. It is too complex for a lay person and case law is constantly evolving. I know because I did this work for 7 years.

Answer 2

Once an alien in proceedings is found to be removable, he or she, if eligible, may request one or more types of discretionary relief. This section describes some types of discretionary relief that are available during a hearing; administrative relief and judicial review after a hearing is completed are discussed below. The alien has the burden of proving that he or she is eligible for relief under the law, and usually that he or she deserves such relief as an exercise of discretion.

An alien has 30 days from the date of a final removal decision to file a judicial appeal, which is generally filed with the Court of Appeals. The procedures and applicability of judicial review in immigration cases are complex and governed by a number of court decisions and interpretations that, in many circumstances, are not clearly resolved. For an understanding of how judicial review might apply in a specific case, qualified legal counsel should be consulted.

http://immigration.findlaw.com/immigration/immigration-deportation/immigration-deportation-relief(4).html

Answer 3

Was it formal or 'voluntary'? Who paid for the ticket? This matters because there is a 10 year ban on the person returning if it were formal, which is why illegal immigrants often go 'voluntarily'. If he committed a felony, the answer is never, though.

Answer 4

DAR is correct. If the deportation was involuntary there is a 10 year ban.

Answer 5

if they've been deported once for being here illegally, they should not get the chance to come here legal. if caught here again they should get life in jail.

Answer 6

if deported this person can never return it also depend on the reason they was deported.