QUESTION

Is it possible to enter after deportation by the new dream act?

Asked on Jan 19th, 2013 on Immigration - California
More details to this question:
I got deported on January 27th, 2012 back to Albania. I went to America when I was only 6 years old and got deported when I was 17. I seen the new dream act that they passed and I was wondering if it could apply to me.
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6 ANSWERS

Bankruptcy Law Attorney serving Whittier, CA at Goldbach Law Group
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Short Answer: Under the immigration laws, if an individual has been ordered deported, excluded, or removed at anytime, in order for the alien to return to the United States before the expiration of the time that the alien is required to be outside of the United States, the alien may not enter the United States without first obtaining permission from the Attorney General to reapply after deportation/removal. In this situation, the alien must first file a special application called an Application to Reapply for Admission after Deportation/Removal (Form I-212). Without first obtaining an approval using this form, if it is discovered that one was expeditedly removed, one could be detained at an U. S. INS facility and set up for a formal deportation proceeding. In the alternative, if an alien was deported, excluded, or removed from the United States and thereafter unlawfull enters the United States at anytime, the U.S. INS may simply reinstate the prior order of removal. If an alien who has been ordered deported or removed, then he must wait outside the United States for five (5) or ten (10) years continuously. In the case of an alien who was ordered deported or removed for an "aggravated felony" as defined by section 101(a)(43) of the Act, then a continously period of twenty (20) yeas is required. An alien who has been ordered deported or removed as specified above, and who is applying for an immigrant or nonimmigrant visa, admission to the U.S., or adjustment of status, must demonstrate that he has remained outside of the U.S. for the timer period required for reentry after deportation or removal. The examining consular official or immigration officer must be satisfied that the alien has remained outside the U.S. for more than five (5), ten (10), or twenty (20) consecutive years, depending. Hence, any alien who cannot demonstrate that he has remained outside the U.S. for the requisite period, even if this actually occurred, must file an Application to Return After Deportation/Removal. An temporary stay in the United States under section 212(d)(3) of the Act does not interrupt the five or twenty consecutive year absence requirement. Application Procedure Aliens who have been ordered deported, excluded, or removed must wait outside the United States for varying periods of time ranging from one (1) year to twenty (20) years depending upon the immigration proceeding instituted to removed the alien from the country, and the charge of deportability/excludability/inadmissibility that was sustained to invoke the same. Hence, an alien has two options: (1) Wait outside the United States for the designated period and return afterwards in a lawful manner; (2) Apply for special permission from the Attorney General to Renter the United States before the removal period is completed. If the second option is choosen, an alien must file an Application to Reenter after Deportation/Removal, Form I-212, with the U.S. INS District Director with jurisdiction over the place where the deportation or removal proceedings were held, or directly with a U.S. Consulate abroad. The filing fee for this application is currently, US$170. Any application should be accompanied with supporting documentation and exhibits.
Answered on Mar 19th, 2017 at 5:52 AM

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Adebola O. Asekun
The Dream Act only applies to those who are physically present in United States as of its inception date. It applies even to those who have deportation orders so long as DHS has not actually deported them. As to the possibility of your return to this country some day, that depends on a lot of things including for instance the reasons why you were deported in the first place and if you have available US family members able to petition for you. I suggest that you consult with an immigration lawyer or better have family members in the US consult with an immigration lawyer if possible. Because, you have lived most of your life in this country, I am aware of the enormous temptation of trying to return here illegally and so, I advise you that there are severe consequences if you do so without express permission of the DHS.
Answered on Jan 25th, 2013 at 9:06 PM

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You can return to the US if you have a valid visa as your deportation when you were 17 means you have not accrued any unlawful presence time in the US since you were a minor.
Answered on Jan 23rd, 2013 at 4:42 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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If you are talking about DACA, would not qualify because you would have to have been in the U.S. on June 15, 2012 and be able to show 5 years of continuous presence in the U.S. You January 27th deportations makes you ineligible.
Answered on Jan 22nd, 2013 at 10:33 PM

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It depends on multiple things - if you ever left the US, were here during the required time periods, did you graduate high school, and what is your criminal record. The deportation isn't necessarily an issue, but why you were deported might be. Good luck!
Answered on Jan 22nd, 2013 at 10:32 PM

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What you are referring to is DACA (Deferred Action for Childhood Arrivals) which is not a law but simply what President Obama has directed the Government Attorneys in the Immigration Courts and in USCIS not to deport people who came here as children under certain conditions and give them permission to work for a specific number of years if they meet other conditions (no serious arrests, age limit, etc.). Many people mistakenly refer to this as the Dream Act which is a bill in Congress that never became law. One of the conditions is you have to currently be here and since you are no longer here you are not able to apply. In regard to coming back to the U.S. after being deported, you can apply for a visa to come back to the U.S. after a certain number of years but it depends on may factors. Please schedule a consultation with a Immigration Attorney of your choice and have all your court document so you can find out if you can return and when.
Answered on Jan 22nd, 2013 at 10:32 PM

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