Can You Return to a Country After Being Deported and Gain a Visa?

Introduction to Deportation and Visa Restrictions

Deportation from a country can significantly impact your future eligibility for a visa to work or reside there. Several factors determine your chances of obtaining a visa after deportation, including the reason for your deportation, the time bar, the application process, and legal advice.

Factors Affecting Visa Eligibility

The obstacles to re-entering a country after deportation vary based on the specifics of your case and the immigration laws of the country in question. Here are the key factors:

Reason for Deportation

Deportation due to criminal activity, immigration violations, or serious offenses can severely affect your visa prospects. Countries typically scrutinize individuals who have been deported for criminal activity more closely.

Time Bar

Some countries impose a waiting period before a deported individual can reapply for a visa. This waiting period can range from a few years to more than a decade, depending on the severity of the offense and the country's immigration policies.

Application Process

When reapplying for a visa, you must disclose your past deportation. This disclosure triggers stricter scrutiny of your application. You may need to provide evidence of rehabilitation or demonstrate significant changes in your circumstances.

Legal Advice

Consulting with an immigration lawyer is highly recommended. A legal expert can guide you through the complex process and increase your chances of obtaining a visa.

Country-Specific Rules

Each country has unique immigration laws and policies regarding deportation and re-entry, making it crucial to understand the specific requirements of the country you wish to return to.

Case Studies: Specific Scenarios and Solutions

The process of re-entering a country after deportation is often challenging but not impossible. Here are some real-life examples:

Kiwis Deported from Australia

New Zealand (NZ) citizens deported from Australia have special immigration rights but face challenges. For instance, if a New Zealander serves one year in prison, their migration rights to Australia are revoked. However, they can apply to remain in Australia if they prove strong family ties, good behavior, or other compelling reasons. The NZ Government agreed that deported individuals could return to NZ and make a visa application while being free.

Asylum Seekers Going to Australia

Australia has a strict policy that anyone who attempts to enter the country illegally will be permanently barred from legally settling. This policy aims to discourage asylum seekers. Such individuals are often resettled in other nations like Papua New Guinea (PNG).

United States Visa Policy on Deportation

The USA has a range of entry bans, from 5 to 20 years, and even permanent bans that can be reviewed after 10 years. These bans can be lifted through various schemes:

I-212 and I-601 Waivers

Two common waiver forms are:

I-212 Application for Permission to Reapply for Admission into the United States After Deportation or Removal: Intended for cases where the ban is permanent.

I-601 Application for Waiver of Grounds of Inadmissibility: For deportation on very serious grounds.

Furthermore, illegal entry by deported persons is a felony that can result in a two-year prison sentence.

Conclusion

While it is challenging to obtain a visa after deportation, it is not impossible. Understanding and navigating the various factors and legal frameworks is crucial. Consulting with an experienced immigration lawyer and staying informed about the specific rules of the country you want to return to can significantly improve your chances.