Can I re-enter the US?
Re-entering the US after leaving can be a complex process, and not everyone is eligible. Whether you are a US citizen or a foreign national, there are several factors that can affect your ability to re-enter the country, including your immigration status, the length of time you have been outside the US, and any previous violations of US immigration law.
Reasons for inadmissibility
There are several reasons why you may be deemed inadmissible to the US, including criminal convictions, immigration violations, and health-related issues. If you have been convicted of certain crimes, such as medicine trafficking or terrorism, you may be permanently barred from entering the US. Similarly, if you have previously overstayed a visa or violated immigration law in some other way, you may be denied entry upon your return.
Visa requirements for re-entry
If you are a foreign national, you will typically need a valid visa to re-enter the US after leaving. The type of visa you need will depend on your reason for travel and your intended length of stay in the US. For example, if you are a student, you may need an F-1 visa, while if you are coming to work in the US, you may need an H-1B visa. It is important to ensure that your visa is valid and up-to-date before attempting to re-enter the US.
ESTA and VWP eligibility
If you are a citizen of a country that is part of the Visa Waiver Program (VWP), you may be able to enter the US without a visa. However, you will still need to apply for an Electronic System for Travel Authorization (ESTA) before your trip. Not all countries are eligible for the VWP, and even if you are eligible, you may still be denied entry if you are deemed inadmissible for other reasons.
Deportation and removal orders
If you have previously been deported from the US or have a removal order in place, you may be permanently barred from re-entering the country. It is important to consult with an experienced immigration attorney if you are in this situation, as there may be options for challenging the removal order or seeking a waiver of inadmissibility.
Waivers for inadmissibility
In some cases, it may be possible to obtain a waiver of inadmissibility if you are otherwise ineligible to enter the US. This typically involves demonstrating that your presence in the US is necessary for humanitarian, family, or other compelling reasons. The waiver application process can be complex and time-consuming, so it is important to seek legal advice if you are considering this option.
Length of time outside the US
If you have been outside the US for an extended period of time, you may be subject to additional scrutiny upon your return. This is particularly true if you have been outside the country for more than six months. You may be asked to provide evidence of your ties to the US, such as proof of employment or a lease agreement, to demonstrate that you intend to return.
Criminal convictions and re-entry
As mentioned earlier, certain criminal convictions can make you permanently inadmissible to the US. Even if you are not permanently barred, a criminal record can make it more difficult to obtain a visa or be admitted to the US. It is important to disclose any criminal history when applying for a visa or seeking entry to the US, as failure to do so can result in denial of entry or even deportation.
Immigration violations and re-entry
Similarly, previous violations of US immigration law can also make you inadmissible to the US. This can include overstaying a visa, working without authorization, or entering the US illegally. If you have a history of immigration violations, it is important to consult with an immigration attorney to determine your options for re-entry.
Applying for a re-entry permit
If you are a permanent resident of the US and plan to be outside the country for an extended period of time, you may need to apply for a re-entry permit. This will allow you to re-enter the US without abandoning your permanent residency status. The application process can be complex, so it is important to consult with an immigration attorney if you are considering this option.
Travel restrictions during COVID-19
During the COVID-19 pandemic, there have been travel restrictions and entry requirements put in place for those entering the US. It is important to stay up-to-date on the latest requirements and restrictions before attempting to re-enter the country.
Seeking legal advice
If you are unsure whether you are eligible to re-enter the US or have concerns about your immigration status, it is important to seek legal advice from an experienced immigration attorney. A qualified attorney can help you understand your options and navigate the complex process of re-entering the US.
