If you were deported from the United States, you are probably wondering: “Will I ever be able to return?” It is a question that many people ask themselves every day, and we understand how difficult this situation can be.  The good news is that, in many cases, there is indeed a legal way to return. The bad news is that the process is complex and requires patience, documentation, and, in most cases, professional help.  In this article, we explain clearly and honestly what your options are, what forms you need, how long you might have to wait, and what factors can help or hurt you.  The important thing is that you are not alone. Thousands of people have been through this situation and, with the right guidance, many have managed to return legally. 

What happens when you get deported? 

When the United States issues a deportation order (also called a “removal order”), you are barred from entering the country for a period of time that varies depending on your situation: 

• 5 years if you were removed at the border or port of entry (expedited removal) 

• 10 years if an immigration judge ordered your deportation 

• 20 years if you had already been deported before and reentered illegally 

• Permanent ban in certain severe cases (aggravated crimes, multiple illegal re-entries) 

These bans DO NOT disappear automatically. Even after time has passed, you need official permission to be able to return. 

Types of deportation orders 

Not all orders are the same. The type of order you have directly affects your options: 

Voluntary Departure 

If the authorities gave you a deadline to leave the country and you left before that date, you do NOT have a deportation order. This is the best thing that can happen to you. 

Advantages: 

• You do not have the 5-10 year bans 

• You can apply for a visa normally 

• Your immigration history is less affected 

Warning: If you did NOT leave before the deadline, your voluntary departure automatically became a deportation order. 

Expedited Removal 

You were removed when attempting to enter the country or at the border.  

Deadline: 5-year ban   

Danger: If you attempt to return illegally during this period, the ban becomes permanent. 

Immigration Judge's Order 

A judge ordered your removal after a court proceeding.  

Deadline: 10-year ban (or more, depending on your background)   

Process: More complex, it requires demonstrating favorable factors. 

Options for returning legally 

1. Form I-212 (Application for Permission to Reapply for Admission)

This is the main form you need if you have a deportation order and want to return before your ban ends.  

What does it do? 

You ask the U.S. government for permission to allow you to reapply for a visa or adjust your status.  

Who can apply? 

• People with deportation orders who have already served part or all of their ban period 

• People who have a strong reason to return (family, work, emergency) 

Cost: $930 USD (USCIS fee, effective January 2026)  

How long does it take? Between 6 months and 2 years, depending on the complexity of the case.  

Warning: 

• It doesn't guarantee that they will give you the visa; it's just the permission to apply for it. 

• It is discretionary: USCIS can say “no” even if you meet the requirements 

2. Form I-601 or I-601A (Waiver for Inadmissibility)

In many cases, in addition to the I-212, you need an immigration waiver because you could be inadmissible for other reasons: 

• Unlawful presence of more than 1 year 

• Illegal entry 

• Fraud or misrepresentation 

• Certain criminal records 

Key requirement: You must demonstrate that a qualifying relative (U.S. citizen or permanent resident) would suffer “extreme hardship” if you are not allowed to return.  Family qualifier can be: 

• Your spouse (husband/wife) 

• Your parents 

• In some cases, children over 21 years of age 

What is “extreme difficulty”? 

It is not just missing you or having financial problems. It must be something serious: 

• Serious medical conditions of the family member 

• Total economic dependency 

• Dangerous situation in your country 

• Severe psychological conditions 

• Inability of the family member to move in with you 

Steps to request the return 

1. Get your immigration history. Request copies of:

• Your deportation order (EOIR) 

• Your USCIS file 

• Check-in and check-out records 

2. Gather documentation:

• Passport 

• Birth and marriage certificates 

• Proof of citizenship/family residence 

• Criminal record 

• Proof of family ties 

• Evidence of good moral character 

3. Consult a lawyer: This is NOT optional. The forms are extremely complicated and one mistake can ruin your case forever. 
4. Submit the correct form

• I-212 (permission to reapply) 

• I-601 or I-601A (if applicable) 

• Evidence of favorable factors 

5. Wait for the decision: It can take months or years. In the meantime, do NOT try to enter illegally.
6. If the I-212 is approved: Now you can apply for your visa at the consulate. But remember: the approval of the I-212 does not guarantee the visa.

 

Factors that help your case  

USCIS evaluates your case at its discretion. These factors may weigh in your favor:  

Positive Factors: 

• Long time since deportation (the more, the better) 

• Family member of a citizen/resident experiencing severe hardship 

• US citizen children 

• Strong humanitarian reasons 

• Proof of rehabilitation 

• Recommendation letters from employers, community leaders 

• Not having new immigration violations 

• Positive contributions to your community 

Negative Factors: 

• Serious crimes or aggravated felonies 

• Multiple illegal re-entries 

• Immigration fraud 

• Lack of family ties in the US. 

• Recent criminal record 

Crimes that complicate everything  

Some crimes make it almost impossible to return: 

• Murder or attempted murder 

• Drug trafficking 

• Sexual offenses 

• Domestic violence (in some cases) 

• Serious immigration fraud 

• Multiple DUI convictions 

• Terrorism or threats to national security 

If you have any of these criminal records, your options are extremely limited, but not necessarily impossible. A specialized attorney can help you explore defenses. 

How long do you have to wait 

There is no single answer. Depends on: 

Situation	Minimum Time	Recommendation
Expedited removal	5 years	Wait at least 3-4 years before applying
Court order	10 years	Wait at least 7-8 years
With a felony	10-20 years or permanent	Consult a lawyer; each case is unique
Illegal reentry after deportation	Permanent	You must wait at least 10 years, then apply

Important: Even though you can apply after a certain amount of time, your chances improve the longer time passes. USCIS sees time as evidence that you have changed. 

Mistakes you should avoid 

NEVER do this:  

1. Attempting to enter illegally: 

• Convert temporary ban to permanent  
• It is a serious federal crime  
• Up to 20 years in prison in extreme cases 

2.Using fake documents:   

• Immigration fraud = permanent ban  
• Federal crime  

3. Lying on forms:   

Any lie, even if it seems small, can destroy your case  

4. Apply without professional help   

• The forms are extremely technical  
• A single mistake can mean a permanent refusal  

5. Wait for things to fix themselves   

Bans do NOT disappear automatically  You need legal action to return 

 

CBP HOME Program  

In 2025, the government launched the “CBP Home” program, which offers incentives for undocumented individuals to voluntarily depart. 

Incentives: 

• Free plane ticket 

• $2,600 Severance Bonus 

• Waiver of fines for not going out 

Warning: Consult a lawyer BEFORE enrolling. In some cases, there might be better options. 

How to check if you have a warrant 

Many people do not know if they have a deportation order. To check: 

1. Call the EOIR hotline:

• 1-800-898-7180 

• You need your “A-number” (alien registration number) 

2. Request your file:

• Form G-639 (FOIA request) 

• It's free 

• It takes 1-2 months 

3. Consultation with a lawyer

• They can verify your complete history 

Do you want to know if you can legally return to the United States? 

In Eagan Immigration We can review your situation and explain your options clearly. Call today at 202-709-6439 o click here for a consultation directly with attorney Lauren Eagan.

This article provides general and educational information and does not constitute legal advice. Every immigration case is different and depends on specific details. To receive legal guidance tailored to your situation, it is necessary to conduct an individual evaluation with an immigration lawyer.