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Can I Enter the UK or USA After Being Deported?

To be deported from a country you have called home for many years, or perhaps your whole life is devastating, not only to you but also to family members and friends who became a significant part of your life whilst you were living in Britain or the United States. As immigration lawyers, one common question we are asked is “can I return to the UK/USA after being deported because I want to visit my partner/child/friends/relatives who still live there?”

Deportation stories can be heart-breaking. Take the recent example of twin brothers, Darren and Darrell Roberts who, following prison sentences, face being deported to different countries, even though they have never left the UK and have no close relatives abroad.

According to The Guardian:

“The deportation notice states: “Our records show you have no legal status in the United Kingdom.” The home secretary has deemed “deportation to be conducive to the public good and accordingly it is in the public interest that you be removed from the United Kingdom without delay”, the letter reads.

The twins’ younger sister, Freya Valie Roberts, a student at Bristol University, said: “Darrell and Darren’s plight highlights the systemic racism built into our institutions in Britain… During their time in care, the social care system neglected their duty in nationalising the boys. I and my siblings are their closest immediate family. Removing them from their home would be splitting them from the only family they have.”

Across the Atlantic, an editorial in the New York Times severely criticised the Trump administration for deporting people from America, which has the highest rate of Covid-19 in the world.

“On March 21, the Trump administration drew on a federal law on public health to effectively ban all migrants and asylum seekers in order to avert the “serious danger” of a communicable disease arriving from abroad.

That makes it all the more bitterly ironic that the United States, with the largest number of coronavirus cases in the world, is now consciously spreading the pandemic beyond its borders by continuing to deport thousands of immigrants, many infected with the coronavirus, to poor countries ill-equipped to cope with the disease.”

Given that deportation systems are so harsh in both countries, it is no surprise that returning for a visit is not an easy feat to accomplish.

Entering the UK after being Deported

If you enter the UK illegally, overstay, breach your visa conditions, or try to deceive the Home Office via the information provided to them on application forms, you can be subjected to a re-entry ban. The length of the ban depends on the circumstances of your case.

Length of Ban

Circumstances

No ban

You overstayed for 30 days but left the country voluntarily at your own expense.

One-year ban

You entered the UK illegally, overstay, breach your visa conditions, or used deception in the UK but left the country voluntarily at your own expense.

Two-year ban

You entered the UK illegally, overstay, breach your visa conditions, or used deception in the UK but left the country either within six months of receiving a removal notice or within six months of exhausting your appeal/Judicial Review rights and at the Home Office’s expense.

Five-year ban

You entered the UK illegally, overstay, breach your visa conditions, or used deception in the UK but left the country either within six months of receiving a removal notice or within six months of exhausting your appeal/Judicial Review at the Home Office’s expense or were removed as a condition of a caution issued in accordance with s.134 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012

Ten-year ban

You were deported or removed from the UK or used deception in your application form or to obtain documents.

There are limited exceptions where the entry ban will not be applied, including:

  • If you were a victim of human trafficking
  • You were unaware the documents you submitted were fraudulent
  • You were illegally in the country after 17 March 2008 but voluntarily left before 1 October 2008
  • You were refused to leave as a student after 1 September 2007 but only because you made an out of time application

Furthermore, those who apply under Appendix FM, Appendix EU, or the EEA Regulations will not be prejudiced by entry bans. There is also scope for caseworkers to consider not applying the ban on human rights grounds; however, the bar is set exceedingly high, and you may have more chance of success by applying under Appendix FM.

Re-entry into America after being Deported

Non-citizens who have been removed from the USA can be barred from re-entering for five, ten, twenty years, or even permanently.

If you are subject to an entry ban, there are limited options for being able to come back into the United States. You can try and apply for a work or family visa, tourist visa, or a green card; however, you will need to apply for a waiver that could “forgive” your prior removal order. This is done by submitting a Form I-212, “Permission to Reapply for Admission into the United States after Deportation or Removal.” You will need to submit substantial paperwork alongside your application, including birth and/or marriage certificates to prove your relationship with anyone.

Wrapping it up

Returning to the United States or the United Kingdom after you have been deported is a complex process, and you will need the advice and representation of immigration specialists. Not only will they examine the reasons for your deportation and establish the most successful route to apply for re-entry, but they can also provide a cover letter, detailing clearly to the caseworker why your application should be approved.

Furthermore, if the application is rejected, they can quickly move to apply for judicial review or appeal the decision. If you have been deported and want to return to the UK or USA, contact our experienced immigration solicitors as soon as possible.

Related Article: Read also ‘Deportation from the UK: how to return after being deported

Some of our Happy Client

Reiss Edwards Awards

ACQ5 Awards Award
Lexis Nexis
Three Best Rated
Department For International Development
University Of Cambridge
Lexology Legal Influencers
ACQ5 Awards Award ACQ5 Awards Award
Lexis Nexis Lexis Nexis
Three Best Rated Three Best Rated
Department For International Development Department For International Development
University Of Cambridge University Of Cambridge
Lexology Legal Influencers Lexology Legal Influencers

O.L

Andy Tieu is absolutely amazing.

As a lawyer myself I can categorically say that he knows his stuff, gentle, responsive, cares about you and not just about the money, very professional.
I mean I can go on and on!

Andy and the entire team at Reiss Edwards are amazing!

Thanks again Andy.

Kiran Sardar


I found Joe very helpful and tremendous patience which is a must in this professional as there are lots of emotions always involved in each and every case.

The way they dealt with my case during COVID19 Situation is highly appreciable. I would definitely recommend Joe D. and Anna F. Anna is an amazing lady, her patience is beyond my words.

Her hard work and professionalism have no boundaries. She is the right person for all type of cases.

Thanks to Anna and Joe for all your support and guidance which helped me fulfill my dream.

I would say Reiss Edwards is lucky to have Joe D. and Anna F. Great job Reiss Edwards.

thanks once again. Anna you’re a Gem and a Star.

Cheyam Shaked

"Anna Foley was the lawyer helping my partner obtain an EEA EFM visa. She was outstanding. Handling the case with constant correspondence over a lengthy, lockdown delayed 7-month application process. Her expert advice guided us successfully through some difficult times as a result of COVID-19. Some of the best service I have received for any service ever! Often replying to emails late at night, offering to send additional correspondence to the home office and going above and beyond in handling our case! Well done and thank you Reiss Edwards and thank you Anna!!".

Isaac .T

"Professional service. I was very impressed with the fact that my ILR application was successful 6 weeks after the submission amidst the COVID-19 pandemic. I also think the portfolio put together by the team at Reiss Edwards has played a big part in the quick turnaround of my application".

Jesse Lee

"Reiss Edwards did a great job, and so much work, for their reasonable fixed fee. I would heartily recommend them to anyone looking to secure a Visa and /or Visa renewal. I will use them again when mine needs to renew. Great value".

Majlinda Berisha

"The help, the professionalism, the kindness from this team is phenomenal. A massive thank you to Anna Foley.

I have had a really tough time with getting my husband’s visa. My last immigration lawyer made many mistakes that caused stress, disappointments and sadness.

I was weary about getting another lawyer as I thought I was going to go through the same experience but no, it turned out better than what I had hoped or even imagined.

What I received was: constant emails and calls updating me and asking if anything else is needed. If I called and they missed my phone call I would get a call back within 10 minutes. All of my documents were carefully checked and I would get a reply the next day if anything was missing or not correct. There were times that I was impatient and asked to just send the visa off, but was reminded that everything had to be perfect and correct before submitting the application. I was told about every option I had and discussed what the best would be. I was always spoke in a nice, calm, polite manner.

The overall intelligence of this team, especially Anna Foley for me, is outstanding. I am speechless. Anna done such an amazing job on my husband’s application that although we couldn’t apply for the fast service and was told to wait for 12 weeks, we got a reply within 5 weeks.

That alone shows what an amazing and talented team Reiss Edwards are. Thank you".

Christine .C

"I wholeheartedly recommend Reiss Edwards to anyone who is in search of immigration advice. I had the pleasure of speaking with Amar who has been very thorough in finding a solution to my enquiry, and followed up with additional information even after the consultation. I normally don't leave reviews, and this firm already has enough good reviews for me to need to my own anyways! However, in this instance, I do hope that my review can let anyone who reads it be aware that RE is a great choice, these people care enough to help you the best they can".

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"I had the chance to use Reiss Edwards services for my Tier 2 extension. Marija dealt with my case and I found her very professional and experienced in dealing with my application. The care and attention to detail was exceptional. I would definitely recommend Reiss Edwards!".

Quintus Liu

"Knowledgeable, experienced, and relatable. Translated a complex process into steps that are easy to follow. Cruised to 3 successive wins on my Tier 1 graduate/entrepreneurship visa which allowed us to play our part in making the UK a better and healthier place!".

Khasan Vosijonov

"Thank you, Ms. Anna Foley! I am writing this with tears of joy.

As a family, we are all grateful to Anna Foley and her firm Reiss Edwards, for doing all the hard work and giving us the best support. Finally We found the best law firm".

Saira Lawson-Brown

"Highly professional organisation and really supportive solicitors. Ina Iteva the solicitor that was provided to us was a blessing in disguise, as our first solicitor was let go off due to pandemic. She was so supportive and understanding throughout the process, and my husband spouse visa was granted due to their effort and attention to detail. We constantly try to keep in touch with her and consider her as more of a friend now than a solicitor. Sure, to bother her and the firm more in the future".

Nora Nkechi

"My Tier 1 Investor Visa was dealt with quickly and without issue. Would recommend Reiss Edwards as an Immigration law firm in London. Thank you to the team".

Deepak Chartbhurjh

"This is the only firm that i spoke with that didn't ask for money before listening to me, will be using them again. I used Reiss Edwards for my Tier 2 visa application and it was successful. The team was ever present and happy to answer my question. The caseworker that dealing with my case went on holiday yet by case did not suffer one bit. Another lawyer stepped and took over the case without any hassle".

Hakeem Salam

"I used Reiss Edwards immigration lawyers to assist with my immigration matter and that of my family. It was an EX1 application. They dealt with the matter properly and even when complications were coming up from the Home Office, they helped resolve the issue properly. They are very professional and are very popular in London. I am happy to have worked with them".

Top Notch Immigration Service

"Reiss Edwards is a top notch immigration service company. The way they handled our documentation and also the list of documents they sent was efficient and top quality. They helped us professionally throughout the process. We are very happy with the immigration advice we received from the team. We highly recommend them".

Mo Hussein

"I have been using Reiss Edwards for three years now for my family's immigration application. Both for my initial application and extension. They are really affordable. The team of solicitors at this firm are probably one of the most efficient and economical in terms of cost. They offered free advice over the phone and spent good time with us before inviting us for consultation".

Gallagher Jones

"I contacted Reiss Edwards to help me with my wife's UK settlement visa. They acted with utmost professionalism throughout the entire application. I spoke with Joe Dinh, he is an immigration solicitor and he is one of the best solicitors out there. He ensured that there was little to no room for error. At some point I thought he was over cautious. He remained calmed and continued to assure us on our immigration matter. Most people in his position would have panicked but he was calmed and continued to assure us. We received out positive outcome very quickly".

Richard Stone

"I have just had British Citizenship application approved. Prior to making the application, I was not sure which law firm i should hire to facilitate the paperwork. After a few hours of research, i decided to go with Reiss Edwards and i must confess that I wasn't disappointed. The immigration lawyers at Reiss Edwards handled my case well and they really knew what they were doing. They were fully aware of what documents I needed and it was easy for them to tell if my case was going to be easy or not. At the end of the day, I have not received my British citizenship within 3 months. If anyone is looking for a good immigration lawyer to handle their case, contact Reiss Edwards".

Fong Li

"Investing over 2 million pounds is definitely not a routine decision. We had to make sure that the Tier 1 investor immigration lawyers that we'd be picking has to be one of the best within the Tier 1 investor category. We contacted Reiss Edwards and they were able to get us not only the Tier 1 investor visa but also suggested profitable investment portfolios in addition to what we already had in mind".

Nancy Jacquard

"It's a shame that you don't have an 'Excellent' star rating on here, as my experience with Reiss Edwards is nothing short of an excellent rating. They handled my application for an Indefinite Leave to remain in April 2014 and did my husband's one very recently including my daughter. Every time i have approached them, they have continued to treat me with courtesy, respect and patience. Amar was indeed a very thorough and professional gentleman. He is very knowledgeable, corporative and engaging. He responded to my emails, calls and enquiries promptly. He was always reassuring. I could not have asked for a better Immigration service. I would recommend them over and over again for anyone looking for an immigration advice. They gave me a free immigration advice when i called them, and the quality of the advice was something other charge thousands for. If you need a particular, name, Amar would be it. He exemplifies, for me, the true, professional gentleman. He is a valuable asset to Reiss Edwards".

Florence Giwa

"I am glad that i instructed Reiss Edwards on my visa matter. It started with a 20 minutes free immigration advice. I met with Amar to discuss my ILR refusal. He gave me a great deal of quality advice and decided to take on my messy case. I had doubts on the merits of my case by he was relatively convinced he could win it. That made me quite secure. To be honest, things did not start as quick as I would have wanted, but they kept on communicating the process and state of things to me.A big thank you to Verusha and Foram. They were also very helpful. Brilliant and informative. Their fee was fair and reasonable, especially if you compare them to other law firms and immigration law firms in London; some of whom even told me that i would not be able to get an indefinte leave to remain in this country. The process was long but was worth it. In the end, a big thank you to Reiss Edwards".

Salisu Ibrahim

"Fantastic Solicitors!!! My wife's spouse visa extension application was refused by the Home Office and they gave her 14 days to leave the country. We contacted Reiss Edwards and they said "OK don't worry we will sort this out". They put together the list of documents for me to obtain and they prepared a bundle which was as thick as the printer it came out from.We followed everything they asked us to do and in the end we won our appeal and got our spouse visa. We can't recommend them enough and we have promised ourselves never to make any more UK visa applications without them".

Amir Sandeep

"The team of lawyers at Reiss Edwards are very professional and friendly people. Their experience in and around UK immigration law is quite extensive; be sure that you application is in safe and competent hands. My immigration matter was an indefinite leave to remain application based on Tier 1 on a self-employment basis. The immigration lawyers at Reiss Edwards made sure that the application was perfect and ready to be accepted. I got a positive decision and I recommend them highly for anyone who needs a UK immigration help".

Reiss Edwards Reviews

O.L

"Andy Tieu is absolutely amazing, as a lawyer myself I can categorically say tha...

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Kiran Sardar

"I found Joe very helpful and tremendous patience which is a must in this profes...

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Cheyam Shaked

"Anna Foley was the lawyer helping my partner obtain an EEA EFM visa. She was ou...

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Isaac .T

"Professional service. I was very impressed with the fact that my ILR applicatio...

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Jesse Lee

"Reiss Edwards did a great job, and so much work, for their reasonable fixed fee...

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"Knowledgeable, experienced, and relatable. Translated a complex process into st...

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Khasan Vosijonov

"Thank you, Ms. Anna Foley! I am writing this with tears of joy. As a family, we...

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Saira Lawson-Brown

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Mo Hussein

"I have been using Reiss Edwards for three years now for my family's immigration...

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Gallagher Jones

"I contacted Reiss Edwards to help me with my wife's UK settlement visa. They ac...

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Richard Stone

"I have just had British Citizenship application approved. Prior to making the a...

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Fong Li

"Investing over 2 million pounds is defintely not a routine decision. We had to ...

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"It's a shame that you don't have an 'Excellent' star rating on here, as my expe...

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"I am glad that i instructed Reiss Edwards on my visa matter. It started with a ...

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