Immigration Corner | I was deported but I never had a visa

Dear Mrs Walker-Huntington,

I was deported from the USA in 2001 but I’ve never received a visa before. Can I apply for a US visa, and how do I go about doing so?

KT

Dear KT,

If you were deported from the United States but never had a US visa, it must mean that you entered the United States illegally. That illegal entry could have been with someone else’s passport and-or visa, or crossing the border without inspection. Any of those offences would have made you removable, and they also make you inadmissible.

When someone applies for a US visa, they must demonstrate that they have enough ties to their home country and that they will return. And they must show that they are admissible. Your previous immigration history with the United States with potential fraud and subsequent removal is a huge problem. You would not be able to make a regular visa application and walk into the embassy and be granted a visa. You would require an application for non-immigrant visa waiver. You should consult with an attorney to see if you have any equities to use to apply for the non-immigrant waiver and to explain the circumstances under which you entered the United States and under which you were removed.

Dahlia A. Walker-Huntington, Esq is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a mediator and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.com