If in the USA legally and deported on a felony can you come back to US?

The possibility of returning to the United States after being deported on a felony conviction depends on several factors, including the nature of the felony, the length of time since the deportation, and whether any mitigating circumstances exist.

In general, individuals who have been deported on a felony conviction face significant challenges in attempting to re-enter the United States. The Immigration and Nationality Act (INA) generally prohibits the admission of individuals who have been convicted of certain crimes, including aggravated felonies, crimes involving moral turpitude, and drug-related offenses.

For individuals who have been deported on a felony conviction, there are a few potential pathways for returning to the United States. One option is to apply for a waiver of inadmissibility. Waivers are discretionary and may be granted if the applicant can demonstrate that their deportation would cause extreme hardship to a qualifying relative (such as a spouse, parent, or child) who is a United States citizen or lawful permanent resident.

Another option is to apply for a pardon or expungement of the felony conviction. If the conviction is pardoned or expunged, the individual may no longer be inadmissible to the United States based on that conviction. However, it is important to note that pardons and expungements are granted by state authorities, and they do not automatically remove inadmissibility under federal immigration law.

Finally, in some cases, individuals who have been deported on a felony conviction may be eligible for relief under the Convention Against Torture (CAT). The CAT prohibits the return of individuals to countries where they would likely face torture or other forms of cruel, inhuman, or degrading treatment or punishment. If an individual can demonstrate that they would face such treatment if returned to their home country, they may be eligible for relief under CAT.

It is important to note that the process of seeking re-entry to the United States after deportation on a felony conviction can be complex and challenging. Individuals who are considering this process should consult with an experienced immigration attorney to discuss their specific circumstances and explore their options.