If you are deported from the United States, here are simply steps on how to legally reenter the U.S. After Deportation from Nigeria.
Legally Re-entering USA after Deportation or Cancellation
For an individual, receiving a Cancellation of Removal during U.S. immigration procedures might be crucial.
The Immigration Court’s (EOIR) formal ruling permits people to lawfully stay in the United States.
Particular attention will be given to what happens and what people anticipate after receiving a cancellation of removal as this legally reenters the U.S. guide.
Following deportation from Nigeria, reentering the United States entails a convoluted legal procedure that is subject to particular immigration laws and restrictions.
Here is a methodical rundown of the procedures and factors to be taken into account:
Understanding Inadmissibility and Deportation
Repercussions of Deportation: Depending on the reasons for their expulsion, foreign nationals who are deported are usually prohibited from entering the United States for a set amount of time, which may be anywhere from five to twenty years or even forever.
The following variables affect the waiting period:
- The cause of deportation (e.g., immigration offenses, criminal convictions).
- If the person has been deported more than once.
- Unauthorized Reentry: Illegal reentry, defined as attempting to enter the United States after being deported without authorization, is a federal offense under 8 U.S.C. § 1326. Serious consequences, such as fines and jail time, may follow from this.
How to Reenter the United States Lawfully
- Ascertain Reentry Eligibility: Determine your eligibility depending on the cause of your deportation and the relevant waiting period before submitting a readmission application:
- 5-Year Bar: For specific infractions or if you departed on your own volition.
- Ten-Year Bar: For deportations that an immigration judge has ordered.
- 20-Year Bar: For anybody who tried to enter unlawfully after being removed in the past.
- Keep Form I-212 on file: You must file Form I-212, Application for Permission to Reapply for Admission After Deportation or Removal, in order to request permission to reapply for admission into the United States. You can request that US Citizenship and Immigration Services (USCIS) ignore your prior removal using this form.
- Supporting Documents: Provide supporting documentation for your case with Form I-212, such as:
Proof of rehabilitation, if any.
Evidence of moral excellence.
American family relationships. - Examine Other Waivers: If your deportation was brought on by a criminal conviction or other grounds for inadmissibility, you might also need to submit Form I-601, Application for Waiver of Grounds of Inadmissibility, depending on your specific situation.
- Speak with an Immigration Lawyer: Because immigration law is so complicated, it is best to get legal guidance from an immigration lawyer who can help you with the application procedure and the preparation of the required paperwork.
- Verifying Your New U.S. Resident Status
The evidentiary challenge to prove a change of status to a lawful U.S. resident is the next step following a Cancellation of Removal.
A lawful permanent resident card, also referred to as a “green card” (Form I-551), is issued by the US government as tangible evidence of a person’s legal status and is an essential document for citizens to show their allowed presence in the nation.
Validity of Green Cards
Your immigration status prior to applying for Cancellation of Removal determines how long your green card will last.
Your green card remains a legitimate document of your legal permanent residency even after removal has been revoked if you were previously a lawful permanent resident (LPR) and it has an expiration date.
You will have to apply for a new green card using USCIS Form I-90 and pay the applicable filing fee, though, if yours expires during the removal process.
As evidence of your eligibility for this renewal, including a copy of the judge’s ruling granting Cancellation of Removal with your application.
Status Undocumented
It could take years for people who were undocumented aliens prior to receiving relief to get a green card. Only 10,000 awards are available annually due to a statutory cap on Cancellation of Removal cases.
This implies that other applicants might still be waiting for their green cards if they were granted relief by an immigration judge earlier than you.
Prior to receiving your green card in the mail, you will need to wait till you reach the 10,000 threshold for that specific year.
You may, however, continue to renew your work permit (EAD) and work in the United States with authorization during this waiting time by completing Form I-765.
Travel Abroad Following Removal Cancellation
You might be itching to go abroad after being granted Cancellation of Removal. Nevertheless, it is crucial to make sure you have the necessary paperwork for your return before leaving the country.
Documentation Needs
Although important, a judge’s ruling ordering cancellation of removal is insufficient proof for travel abroad. You will require the following in order to reenter the United States:
- Either an I-551 stamp in your passport or a real green card (Form I-551).
- A current passport from your nation of origin. You can go abroad without any problems if your green card was still valid at the time of the Cancellation of Removal. But keep in mind that your citizenship is unaffected by your position as a lawful permanent resident.
- Therefore, in order to travel abroad, you also need to have a valid passport from your native country.
Obtaining U.S. Citizenship
The conditions for submitting an application for U.S. citizenship remain same following a Cancellation of Removal grant.
The eligibility requirements are the same whether you were an undocumented person who obtained legal status or a green card holder who kept your residence.
Citizenship Conditions
You must meet the following requirements in order to be eligible for U.S. citizenship:
- Remain a lawful resident of the United States for a predetermined number of years.
- Continue to be physically present in the US for at least half of each year.
- Show that you are a good person.
- Avoid any show of authority between you or your friends and always stay calm even in a rowdy place.
- Avoid getting arrested by the police for any silly excuse like fighting.
- Be a law abiding citizen just as you were here before you travel and if there was any mistake you might have made in the past for making you getting deported, avoid it
- Avoid night parties and outings at all cost.
- Demonstrate via your lifestyle that you are really remorseful and we love to get back to the United States of America legally.
- You must fill out and submit Form N-400, Application for Naturalization, after fulfilling these prerequisites; you will have to pass civics and English tests and be booked for an interview.
- You’ve got an extra shorter days so prepare yourself academically so that you can pass your Civic and English test.
- Most of the things in the test are things you are already familiar with; so you might need to refresh your memory to bring back all the academic advantages you might have.
- Constantly engage the support and guidance of a professional especially a legal representative that will put you through all the legal requirements.
- Avoid falling into the hands of traveling agencies that promises to help you and get a re-entry. Always deal directly with the embassy and your legal representative.
Conviction and Removal Cancellation
It is best to apply for U.S. citizenship as soon as you are eligible if you were a lawful permanent resident who was convicted of a felony but was eventually awarded Cancellation of Removal.
After traveling abroad, taking this step can help reduce the likelihood of problems when you return to the US.
Because of your criminal background, Customs and Border Protection (CBP) may question you; nevertheless, U.S. citizenship can frequently allay such worries.
Consequences of Criminal Convictions for the Law
It is crucial to understand that a variety of offenses might result in an immigrant’s deportation.
Following U.S. laws is essential to preserving your recently obtained immigration status in the country and preventing removal procedures.
Obtaining Legal Support
It can be difficult to navigate immigration law, particularly after receiving a Cancellation of Removal.
Hiring a competent immigration lawyer is the best way to safeguard your new status in the United States.
To sum up, Cancellation of Removal presents fresh chances for individuals pursuing legal status in the United States. Knowing the steps and prerequisites to keep your status is essential. by receiving legal assistance when necessary and taking the proper procedures to reenter the country lawfully.
How Can Travel Visa Nigeria Help?
Our staff of knowledgeable immigration advisors at Travel Visa Nigeria is ready to make your trip to the US easy and successful.
We take care of everything, from preparing your application to obtaining the necessary paperwork, whether you’re looking for advice on how to lawfully re-enter the United States or filing for a tourist visa (B-2) or student visa (F-1 or M-1).
Our attorneys and immigration lawyer experts make sure that every detail is included in your application and that it satisfies the highest requirements.
Additionally, we will communicate with the embassy or immigration office on your behalf and keep you updated during the procedure of need be.