Transcript of the above video: 

As the title of this video suggests, we are discussing US Visa processing. Specifically we're asking the question, how do I get a Visa, can I get a Visa, is it possible to process a Visa, after deportation, voluntary departure or expedited removal? Now I thought of making each of these topics if you will as a separate video. I may end up still doing that as we do a deep dive into each of those specific sort of issue clusters if you will, those specific topics maybe in coming days but I felt like just sort of getting this information out here in a general conceptual sense was arguably more important than anything else. So what am I talking about here? 

Well basically, I don't think it's unsafe to presume that as this Administration continues, we're going to see more deportations; we're going to see more folks having issues with immigration just generally speaking which can lead to voluntary departure. I also suspect we will probably see a number of expedited removals during the coming years. And the question being posed is, is it possible to get a visa after I've been deported? It may be. It may be possible to get a visa after one has been expeditiously removed. For those who are unaware, expedited removal, also sometimes called expedited deportation, is actually a separate proceeding from proper deportation itself created under the IIRAIRA Act, it basically allowed US Customs and Border Protection Officers to put people through this sort of truncated deportation process which in the end, once one had been through it, resulted in a five-year ban from returning to the United States and also not to mention the fact that they are removed from the United States; so they're not able to return. 

So the reason for the video is to basically just first of all note it may be possible to get a visa after either deportation or expedited removal. Under those circumstances it's going to be very, it's likely that a waiver is going to be necessary with expedited removal, an I-212 may be necessary in order to process that through, again depends on the facts of the case. It may also, again depending on the case, may be requiring an I-601 waiver in order to return to the United States. Oftentimes in Waiver matters, what we see a lot of, especially deportees who might be eligible for another visa, and oftentimes these are in the context of Family Visa categories, they may be eligible for a visa after a waiver is issued. The most common type of waivers I see where there is a prior deportation involves overstay; that's the vast majority of stuff. 

Where you are talking about deportation in connection with criminal activity in the United States, you're going to have to do it much deeper analysis into the underlying facts in order to ascertain whether or not a waiver is even possible. Now again, with expedited removal there are specific protocols associated with that primarily surrounding the I-212. Meanwhile, voluntary departure is its own thing and that is, while in most cases involving voluntary departure, we often times will see folks, they have tried to enter the United States on a Tourist Visa. In a lot of the cases I see that come to me after having been denied admission, oftentimes those folks are denied admission based on, especially where there's a family connection, they are deemed to be an intending Immigrant without proper documentation and they are oftentimes given the choice: they're basically told "hey do you want to go through proceedings? or do you want to just withdraw your application for admission to the United States and voluntarily depart?" Where voluntary departure occurs in a legal sense, those folks haven't been deported; they haven't been put through expedited removal. That said, the attempted entry and the outcome are going to be on someone's file so US Customs and Border Protection is going to see that later. It may not even be possible to board a plane to the United States after having undertaken Voluntary Departure. That said generally speaking, at least in what we find involving waivers and things, folks that have voluntarily departed in the past may not even need a waiver, again depending on the facts in the case, and where they do, they are oftentimes looked at more positively than those situations where it involved a deportation or an expedited removal. 

That being said, the underlying facts in any given case are going to dictate the analysis regarding whether or not one is even eligible for a Visa down the road after being removed from the United States. Whether or not a waiver is going to be required in order to get back into the United States and for all of that, you're going to have to look at the underlying facts in the given case in order to determine what exactly the conclusions that can be drawn are, in order to ascertain whether it's going to be possible to even return to the USA.