Last Updated on: 27th July 2023, 04:36 pm

Navigating the Complex World of Re-Entry After Deportation

Let me tell you, getting deported was no picnic. After building a life here in the U.S. for over a decade, I was forced to leave it all behind. But I wasn’t ready to give up on my American dream just yet. Like many immigrants in my shoes, I wanted to find a way to legally re-enter the country I had come to call home.

But that was easier said than done. The immigration system can be downright byzantine – a labyrinth of forms, fees, and legal hurdles. For someone with a deportation on their record, it gets even trickier. Still, where there’s a will, there’s usually a way. And I was determined to find it.

After tons of research and consulting with attorneys, I started to understand my options. Turns out, there are a few little-known paths to legally return to the U.S. after deportation. But the government doesn’t exactly advertise them.

Securing an I-212 Waiver for Unlawful Presence

One of the biggest roadblocks for folks like me is something called the “unlawful presence bar.” Basically, if you accrued over 180 days of unlawful presence in the U.S. and got deported, you can be barred from re-entry for 3 or 10 years ^[1]. Harsh, I know.

Luckily, it is possible to get a waiver of this by filing an I-212 form with USCIS. You have to prove that keeping you out of the U.S. would cause “extreme hardship” – not just for you, but for your spouse, parents, or children who are citizens or permanent residents (PDF: Understanding Extreme Hardship)[2]. Gathering all the documentation for this can be a headache. But it’s worth it in the end.

The approval rate is around 75-80% ^[3]. So if you can make a compelling case, you’ve got a decent shot. Don’t try pulling a fast one though – immigration officers can smell BS from a mile away. You’ve gotta be honest and back up your claims.

Seeking parole through humanitarian reinstatement

Another path that some folks overlook is humanitarian parole. Now this one’s a bit of long shot – less than 1% get approved ^[4]. But in truly sympathetic cases, it’s possible.

Essentially you have to prove there are urgent humanitarian reasons you should be allowed back into the country. Maybe you need life-saving medical treatment not available in your home country. Or your U.S. citizen child is suffering without you there. Situations like that.

You submit a parole request to the district director where you want to re-enter (Check Application Materials)[5]. They’ll review it and either approve or deny. If approved, you’ll get parole for a temporary period (usually 1-2 years). During that time you can pursue more permanent options like a green card.

It’s certainly not easy sailing. But for those with truly compelling circumstances, parole can offer another shot.

Tapping Into Investor and Entrepreneur Programs

Now I don’t know about you, but I’m no millionaire entrepreneur. If only, right? But for those with some business savvy and ample savings, investor visas are a potential ticket back in.

The EB-5 program offers green cards to folks who invest $800,000 – $1.8 million (depending on location) in commercial projects that create U.S. jobs ^[6]. Clearly you need some deep pockets for that. But it can fast-track your residency timeline significantly.

For a smaller investment (~$150K), check out the E-2 treaty investor visa ^[7]. You do have to hail from a country with certain trade treaties with the U.S. But it offers another potential Avenue for entrepreneurs.

Just make sure to consult experienced attorneys when exploring investment-based options. The last thing you want is to put down big money only to get rejected on a technicality.

Other Long Shots Worth Exploring

I’d be remiss if I didn’t mention a few other offbeat ways people in similar shoes have managed to return legally:

• Winning the green card lottery – the odds are about 1 in 100, but hey, you never know!
• Getting a U visa as a victim of crime who assists law enforcement
• Seeking asylum if you have a credible fear of persecution in your home country

As you can see, the playbook is different for everyone. But the takeaway is clear: where there’s a will, there’s usually a way. For many immigrants, the American dream doesn’t simply vanish after deportation. With determination, creativity, and experienced legal guidance, returning to the U.S. is possible.

Now obviously I’m not an attorney and this is just based on my personal experience and research. Your mileage may vary. If you or someone you know is looking to re-enter post-deportation, please consult with a licensed immigration lawyer. They can assess your unique situation and map out your options. Feel free to get in touch – we’ve got compassionate attorneys on hand with a strong track record with these sorts of cases. Sending you positive vibes – don’t lose hope!