Deported person layovers in the USA?
A person was deported from the USA. He is an EU resident, living in the UK. Is it possible for him to layover at a US airport enroute to the bahamas or the Cayman Islands? - just for vacation purposes-
Best Answer
As per the official Transiting the U.S.
International travelers transiting through the United States are required to be documented with either a valid passport and a valid visa (unless exempt) or if traveling on the Visa Waiver Program, an approved Electronic System for Travel Authorization (ESTA).
So the question comes down to if the deported person is able to satisfy those requirements. My gut feeling is that they would need to apply for an explicit visa in order to enter the US even if they would have normally have been eligible for the Visa Waiver etc.
From the Nolo law site How Long After Deportation Must I Wait Before Returning to the U.S.?
If you were ordered removed (or deported) from the U.S., you must remain outside of the country for five, ten, or 20 years, and in some cases, you may not be able to return to the U.S. at all.
However, some deportees can return to the U.S. on a visa even before their required time outside the country expires. To do this, you should understand the circumstances surrounding your order of removal, what options are available to you, and what type of waiver (or legal forgiveness) you will need.
So there may be some wiggle room, but this will depend the circumstances of the deportation and probably require the intervention of a legal specialist.
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Can a deported person fly to the US?
Following deportation, a foreign national would need to file Form I-212 Application for Permission to Reapply for Admission into the United States After Deportation or Removal. This lets you ask USCIS for permission to submit an application to re-enter the United States.Can you travel after being deported?
Once you have been deported, the United States government will bar you from returning for five, ten, or 20 years, or even permanently. Generally speaking, most deportees carry a 10-year ban. The exact length of time depends on the facts and circumstances surrounding your deportation.Can you have a layover in the US without a visa?
ESTA is required in all cases of entering the U.S.Travelers must apply for and receive ESTA even when transiting in the U.S. to a third country without a visa. You must apply for ESTA in any of the following cases: transit, transfer, or stopover (layover).Can you be deported from an airport?
Even Green Card Holders Can Be Detained or Arrested By Airport Immigration. If the Customs officer determines that the person falls into one of the above categories and that he or she is inadmissible from the United States, the Customs officer may decide to place the person in removal, or deportation, proceedings.Attorney Brian D Lerner: How to get back to the U.S. after a deportation
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Answer 2
Short Answer: NO. You need a Valid visa for the US unrelated to whether you intend to stay for an hour or a year. That includes layovers.
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