Pennsylvania immigrants facing deportation might have a lot of questions about the process and the rules for re-entering the U.S. afterward. A lot of the deportation process and rules for re-entry are totally dependent on the reasons for deportation.
What are the reasons for deportation?
Usually, the U.S. will deport individuals who are deemed to be a threat to public safety or otherwise violate their visa. This includes people who enter the country illegally or with forged documents.
Generally, the person is picked up by police officers or ICE agents and held at a deportation facility before their trial. The judge will decide based on their time in the U.S. whether or not they should be deported.
A person might have the opportunity to voluntarily leave the U.S. or go to trial to fight for their right to stay within the U.S. via an appeal. Generally, this is harder if the person has committed any violent crimes.
Can you apply for re-entry?
The U.S. government does let people file an I-212 form to apply to readmission. This form will include all of your identification papers and reasons for your deportation/departure.
Immigrants applying for reentry will have to provide the date of their departure from the U.S. as well as where they lived while they were gone. They’ll have to prove that they actually lived as a legal citizen in whatever country they were in.
They’ll also have to provide evidence as to any favorable (or unfavorable) factors. This would be anything that speaks to their character, any crimes on their record, or anything that might impact the decision.
How does the U.S. decide to allow re-entry?
The court will review your time in the U.S., review your criminal history record, and make a decision based on your application and those determining factors. Reentry to the U.S. is decided on a case-by-case basis and it’s important to do research before applying.