Are there options for my girlfriend to return to the U.S. after she’s been deported?

My girlfriend has been illegally living and working in the U.S. for the past 13 years. She had failed to return to her home country after her F-2 Visa with a 212e requirement expired and she’s been working without a working permit. If the U.S. Immigration Department were aware of her situation, would she definitely be deported from the U.S.? Also, other than the 2-year return-to-home-country requirement imposed by the 212e restriction, would there be any legal

options available for her to return to the U.S. and become a citizen?

Asked on June 10, 2016 under Immigration Law, Virginia


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If she's been in the US unlawfully for 13 years, she will be barred from reentry for 10 years when she leaves the US, whether voluntarily or through deportation.  Once the conditions of her deportation of the bar to reentry are satisfied, then she would be able to return.  Before that time elapses, she would only be able to do so if she can prove an extreme hardship to a US citzien spouse.

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