Deported person layovers in the USA?

Upvote:4

Short Answer: NO. You need a Valid visa for the US unrelated to whether you intend to stay for an hour or a year. That includes layovers.

Upvote:7

As per the official Transiting the U.S.

International travelers transiting through the United States are required to be documented with either a valid passport and a valid visa (unless exempt) or if traveling on the Visa Waiver Program, an approved Electronic System for Travel Authorization (ESTA).

So the question comes down to if the deported person is able to satisfy those requirements. My gut feeling is that they would need to apply for an explicit visa in order to enter the US even if they would have normally have been eligible for the Visa Waiver etc.

From the Nolo law site How Long After Deportation Must I Wait Before Returning to the U.S.?

If you were ordered removed (or deported) from the U.S., you must remain outside of the country for five, ten, or 20 years, and in some cases, you may not be able to return to the U.S. at all.

However, some deportees can return to the U.S. on a visa even before their required time outside the country expires. To do this, you should understand the circumstances surrounding your order of removal, what options are available to you, and what type of waiver (or legal forgiveness) you will need.

So there may be some wiggle room, but this will depend the circumstances of the deportation and probably require the intervention of a legal specialist.

More post

Search Posts

Related post