# Travel >> Destinations >> United States

Returning to the U.S. After Deportation for a Felony: Pathways and Barriers

Deportation following a felony conviction creates severe, often permanent barriers to re-entry. However, limited legal pathways exist depending on the crime, time elapsed, and humanitarian factors. This is not legal advice; consult an immigration attorney.

The Default: Permanent Inadmissibility

Under INA §212(a)(2), most felonies trigger permanent inadmissibility:

Aggravated Felonies (INA §101(a)(43)): Theft/burglary ≥1 yr sentence, drug trafficking, firearms, fraud ≥$10K, sexual abuse of minor, murder, rape, etc. No waiver available (except rare CAT/Torture Convention).
Crimes Involving Moral Turpitude (CIMT): Theft, fraud, aggravated assault, etc. One CIMT + 1 yr+ sentence = inadmissible. Waiver possible (§212(h)) if 15+ years passed, rehabilitation, extreme hardship to USC/LPR spouse/parent/child.
Controlled Substance Offenses: Any conviction (except single <30g marijuana possession) = inadmissible. Waiver extremely limited.

Potential Pathways (Narrow)

1. INA §212(h) Waiver (For Certain CIMTs / Prostitution / Single 30g Marijuana)

Must prove extreme hardship to USC/LPR spouse, parent, or child.
Discretionary; balanced against severity of crime.
Not available for aggravated felonies (post-1996).

2. Pardon / Expungement

State pardon (governor) or expungement may remove state conviction.
But: Federal immigration law (INA §101(a)(48)) defines "conviction" broadly—expungements often do not erase immigration consequences unless based on actual innocence or procedural defect (Matter of Pickering).
Presidential pardon (federal crimes only) does remove inadmissibility.

3. Convention Against Torture (CAT) Protection

If return to home country = more likely than not torture (by/with acquiescence of government).
Grants withholding of removal (not green card); can live/work in US but cannot travel/naturalize.
High standard; requires country conditions evidence.

4. U Visa / T Visa / VAWA / Asylum

If victim of qualifying crime (U), trafficking (T), domestic violence by USC/LPR (VAWA), or fear persecution (Asylum) — independent of prior deportation.
Requires new legal basis; prior removal order must be reopened (motion to reopen).

5. Permission to Reapply (Form I-212)

After 10 years outside US (20 years if aggravated felony), may apply for consent to reapply for admission.
Does not guarantee visa; must still qualify for visa category + waivers.