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Lifetime ban? Length of ban if removed?

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  • Lifetime ban? Length of ban if removed?

    If deported for an aggravated felony (AF) he may never return. Lifetime ban.

    INA sec. 212(h) outlines the provisions for a waiver of certain crimes and offenses to come to the U.S., but states that there is no waiver for anyone convicted of an AF.

    If he returns here illegally, he can be sentenced to up to 20 years in federal prison for reentry by an aggravated felon.
    Please read the forum rules before you post.

    And if you need extra help:
    Modee Tech Support

  • #2
    The ban depends on why removed.

    If simply overstaying your visa for more than 180 days but less than one year, ban is 3 years, or 10 years if overstay by more than a year.

    If removed due to an aggravated felony, ban is lifetime and can never return.

    If removed due to a non-AF, ban is either 5 years (first removal) or 20 years (2nd or subsequent removal).
    Returning to the U.S. After Deportation or Removal

    Remember - once the ban is up the return is not automatic in all situations. Where non-AF convictions are involved, must petition for a waiver and show extreme hardship to certain related US Citizens or LPRs (in most cases spouse, parent or child).
    Please read the forum rules before you post.

    And if you need extra help:
    Modee Tech Support

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