The much anticipated immigration reform bill seemingly will include a right to
return provision that will give immigrants who have been deported a chance to
The bill will exclude those individuals who have been previously deported from
being able to apply for the pathway to citizenship included in the bill for immigrants
living illegally in the United States. The bill, however, does implement exceptions to
The exception applies to those people who have been previously deported but have
a spouse, parent, or child who is a legal permanent resident or a U.S. citizen. Those
who fall under this exception category, would be able to apply for a waiver that if
granted would allow them to return to the U.S. legally. This provision would permit
these immigrants to be reunited with their U.S. citizen family members.
Those individuals who re-entered the U.S. illegally after being deported would
also be able to apply for the waiver if they meet the same qualifications previously
The “right to return” provision would also give Dreamers, individuals brought to the
U.S. illegally as minors, the opportunity to apply for the waiver even if they do not
have a spouse, child or parents that is a permanent legal resident or a U.S. citizen.
If a deportee is granted the waiver then they may proceed by applying for the same
temporary provisional legal status as immigrants living in the U.S. illegally.
Under the pathway to citizenship provision, “immigrants would apply for temporary
provisional legal status and then permanent residency and eventually citizenship if
they register with the government, undergo background checks, pay fines and back
taxes, and learn English and American civics. They also can’t have any serious crime
Immigration-advocacy groups are in favor of the provision, as it will give family
members who have been separated a chance to reunite.
Opponents to the “right to return” provision, argue that those individuals who
entered illegally or remained illegally should not be permitted to re-enter as a firm
For further information on how the Shirazi Law Group can help you or someone
you know prepare for a possible immigration reform, please contact us at your