In some cases, a non-immigrant visa, usually a visitor's or a tourist visa, along with a waiver under Section 212(d)(3) of the Immigration and Nationality Act, may allow deportees to return to the U.S. for limited periods (e.g., up to 30 days) to visit with family and friends, to receive medical treatment, and for other legitimate reasons. The 212(d)(3) waiver may waive a variety of grounds of inadmissibility, including previous deportations, criminal convictions, fraud or misrepresentation, and previous unlawful presence in the United States.
The more difficult hurdle for most deportees, however, will be receiving the non-immigrant visa. The basic requirement that a non-immigrant visa applicant must meet is to establish that he or she does not have "immigrant intent." This means that, despite having lived in the United States in the past and being deported, the applicant has no intention of staying in the United States is he or she receives a new visitor's visa. For people who were recently deported, and cannot demonstrate that they have solidly rooted lives in their home countries, the odds of successfully applying for a non-immigrant visa are low.
But, for those who were deported over 5 years ago, and who have clearly established their new lives in their home countries, there is a much stronger chance of receiving a non-immigrant visa. Being able to show things like steady employment, family ties, and property ownership in the foreigner's home country are critical to the non-immigrant visa applicant's success. A clear explanation that demonstrates the applicant's plan to return home after a short visit to the U.S. is also very important.
