Not easy, but not impossible, to immigrate if you have been deported

Igot deported in 2017. How long until I qualify to immigrate to the United States?

How long the law bars you from getting an immigrant visa depends on the reason for your deportation. If they deported you after immigration caught you trying to illegally enter the United States, the bar is five years. The bar is 10 years if you were detained after entry and the basis for your deportation was simply being here unlawfully.

Under the five- and 10-year bars, you may qualify for an immigrant visa, but you would need to apply for special permission to return. If you were deported for criminal activity, the rules are more complicated. For some nondrug related crimes, the passage of time won’t help, but you may qualify for an “inadmissibility” waiver.

Some crimes will permanently bar you from getting a visa. Those include drug-related crimes — with an exception of simple possession of 30 grams or less of marijuana — and crimes called aggravated felonies.” In the bizarre world of immigration law, even some misdemeanors are considered aggravated felonies.

What are the rules for Temporary Protected Status for Venezuelans? My friend came here from Venezuela on May 31, 2021, on a tourist visa. Is she eligible?

Gilbert Unfortunately, your friend does not qualify for TPS. Venezuelans must have been in the United States since March 8, 2021, to qualify. It is possible the Biden administration will move up the cutoff date for Venezuelans, but your friend can’t count on that happening. She should speak to an immigration law expert about whether she qualifies to stay in the United States in another benefit category.

Homeland Security grants TPS to immigrants from countries where natural disaster, armed conflict or other “extraordinary and temporary conditions” makes it unsafe for them to return. TPS allows individuals to live and work in the U.S. no matter whether they are otherwise legally here. They also qualify for permission to return after travel abroad. You can find info on TPS for all qualifying countries at uscis.gov/humanitarian/ temporary-protected-status.

Allan Wernick is an attorney and director of the City University of New York’s Citizenship Now! project. Email questions and comments to questions@ allanwernick.com. Follow him on Twitter @awernick.