Returning to the U.S. Years After a Prior Deportation
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed May 24, 2026
Legal Inquiry
Consumer Legal Issue
Hi there, I've been in USA from 2013 till 2015 after I had been deported due to couldn't comply with International F-1 student visa status but before deporting me the airport customs officer told me if you ever wanted to come USA again then you can by reapplying for USA visa after 5 years. But since then almost more than 10 years passed by never attempted to reapply again. On….
Attorney Answer
No — you cannot simply return to the United States right now; a prior removal creates a federal reentry bar that must first be resolved, and nothing here confirms your Social Security number's status, since you indicated you never actually checked with SSA or USCIS.
Under federal immigration law, a person previously removed is inadmissible for a set period under INA § 212(a)(9)(A): 5 years if removed at arrival, 10 years for other removals or a departure while a removal order was outstanding, 20 years for a second removal, or permanently if the removal followed an aggravated felony conviction — unless the government consents in advance to reapplying. More than 10 years have passed, but which bar applied to you depends on the type of removal you received (expedited removal at the airport versus a removal ordered by an immigration judge), and that has not been established yet.
What you can do:
1. Request your full immigration history through a FOIA request to USCIS and ICE to confirm the type of removal order issued and any bar that still applies to you.
2. If a bar remains, an application under 8 C.F.R. § 212.2 (Form I-212, permission to reapply for admission) may be required before a consulate can issue you a new visa.
3. Do not assume that any change in Social Security or work-authorization status has changed your immigration status — it has not.
4. Have a licensed immigration attorney review your removal record and eligibility before applying for a new visa or traveling to the U.S.
Relevant Case Law
Jose Gutierrez-Gutierrez v. Merrick B. Garland, 991 F.3d 990 (2021) — Court of Appeals for the Eighth Circuit
Gutierrez’s reentry was unlawful because he reentered within ten years of his removal without the Attorney General’s permission to reapply for admission.
It shows the reentry bar operating in practice: returning after a removal without first obtaining permission to reapply is unlawful, which is exactly why the page says to confirm the bar and file Form I-212 before traveling.
Read the full opinion (CourtListener)
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Federal Immigration Resources
- Visit U.S. Citizenship and Immigration Services (USCIS) to check case status, forms, and official immigration guidance.
- Visit Executive Office for Immigration Review (EOIR) to find immigration court information and hearing details.
- Visit ImmigrationLawHelp.org to find nonprofit immigration legal-service providers near you.
- Use the LSC — Find Legal Aid to find a local legal-aid office by ZIP code.
- Use the ABA Lawyer Referral Directory to get matched with a local attorney through your state bar.
Frequently Asked Questions
How long does a prior deportation bar someone from returning to the US?
Generally, the bar can range from 5 to 20 years, or be permanent in some cases, depending on the type of removal and any prior history under federal inadmissibility rules.
How can someone find out what type of removal order they received?
Generally, requesting an immigration history through a Freedom of Information Act request to USCIS and ICE can help clarify this.
What is permission to reapply for admission?
Generally, it is an application that may be required before a consulate can issue a new visa to someone previously removed, depending on the applicable bar.
