When foreign nationals have been deported from the United States, all hope is not lost of returning. First, they have the right to an appeal and can legally remain in the United States while it is pending. This is so while the case is processed by the Board of Immigration Appeals.
If the appeal is denied, the foreign national must leave (or file another appeal with a federal court.) Regardless, after deportation, there is a waiver available to allow foreign nationals to reenter the United States. This form must be completed from abroad. In other words, the foreigner must comply with deportation and file the waiver from their home country.
These waivers are complicated and time consuming, but the benefit is that, if the waiver is approved, it will greatly reduce the length of time the foreign national is outside the United States. Victims of domestic violence crimes in the United States are favored for these waivers and will likely experience shorter wait times outside the United States than other foreign nationals.
Also, a recent development in the law now permits foreigners who have been deported from the United States to reopen their cases while outside of the country. For more information on that, please see my article, Fighting a Denial Even After Deportation.
When an individual is deported from the United States but either fails to leave or leaves and re-enters illegally, they expose themselves to great risk. Specifically, the foreigner may become either permanently barred from re-entering or risk triggering a new ten-year bar.
Therefore, although foreigners facing deportation are exposing themselves to significant emotional distress by leaving, the alternative of never returning legally is a worse option. Foreign nationals who have either been deported or are facing deportation should immediately solicit the help of an experienced immigration attorney to discuss their options.
This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship. Consultation with an experienced competent immigration attorney is the best way to address individual concerns.