Overstayed in the USA for 2 years was arrested then deported. When can I return? [closed]

My wife, a Texan native, married me in my home country, the United Kingdom, in 2011, but shortly after had to return to the States for family matters. Six months later I joined her in Texas on a 90-day visa waiver, but stayed in the country for over 2 years.

I was arrested on a misdemeanor charge and spent 2 months in a deportation center whilst my consulate arranged for me to get back to the UK.

I asked why I was not taken to court for the misdemeanor and was told that ICE overrules state law, and they just prefer to waive misdemeanor charges as it slows down deportation proceedings. I recall signing something that confirmed I volunteered to leave the country.

My question is, how long is my ban from the USA? Is it worth me trying to overturn or get a waiver of some sort? Or should my wife just apply to join me in the UK?

Best Answer

The law here is somewhat complicated, but if you have more than a year of unlawful presence in the US, you face a 10 year ban. This guide for those in similar situations may be helpful: Returning to the United States After Deportation.

Since you left voluntarily and have a US citizen spouse, it may be possible to receive a waiver and then apply for an immigrant visa to move to the US. This requires you to show "extreme hardship" to your spouse (which goes beyond simply missing you, see the link). The details on a waiver application quickly become complex and will depend on all the details of your case (including the nature of the criminal charges that led to your departure). You would want to hire a reputable US immigration attorney to examine all the factors, advise you as to your options and the likelihood of success, and if you want to move forward, prepare your application.

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How long after deportation can you return to the US?

If an IJ issued a removal order at the conclusion of your removal hearing in Immigration Court, you may not return to the United States for ten years after your removal or departure.

Can I come back to the US if I overstayed?

Overstays & Unlawful Presence If you enter the United States with a valid visa (for example, a tourist or student visa) and overstay by less than 180 days, your visa will be considered void and you'll need to get a new visa in your home country if you want to come back to the United States.

Can my US visa overstay be forgiven?

Can my U.S. visa overstay be forgiven? Yes, there are cases where the government will forgive your visa overstay, and you can obtain a waiver.

Can you reapply after deportation?

Form I-212 is a waiver request that allows such aliens to seek consent from the United States government to apply for lawful re-admission to the United States after having been deported or removed.

What is a Visa Overstay? Consequences and Solutions to Over staying a Visa

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