Can my daughter come back to the US?
Dear Mrs Walker-Huntington,
My daughter was asked to leave the United States 10 years ago. Within that 10-year period, she tried to apply for a visitor’s visa but was turned down.
I want to file for her, but I’m not sure how that will work out.
Can you please advise me? – NG
Dear NG,
There are different reasons why a person could be asked to leave the United States – or be deported. For one, they could have overstayed their non-immigrant visa and have to leave, or they could have been charged with/or be convicted of a crime.
If a person overstayed their non-immigrant visa by up to a year and are either apprehended and deported, or leave on their own accord, they would face a mandatory three-year bar to return to the United States. However, if they overstay by a year or more, they would face a 10-year bar. If they are an overstay and are subsequently petitioned for permanent residency, once the 10-year ban has elapsed, they could return to live permanently without the ban playing any role in the decision on whether or not to grant their residency. If they tried to migrate during the 10-year period, they would be found inadmissible unless they had a qualifying relative through which they could be granted a waiver.
During the 10-year bar, they would not be granted a non-immigrant visa without the embassy granting them a non-immigrant waiver.
If they were deported for other than being an overstay, their ability to return to the United States would depend on the reason for their deportation. Although a deportation document might say that a person is banned from the United States for 10 years, it does not mean that they would automatically be allowed to return to the United States after the 10 years has expired. An analysis would have to be done on the reason for the deportation, the relative who is filing a petition for the person to return, and whether the intending immigrant would be allowed back into the United States.
You and your daughter should consult with an immigration attorney to review her file and advise on her eligibility to return to the USA.