Grounds of Removability

When it comes to expelling foreign nationals from the U.S., the Immigration and Nationality Act  (INA) makes a distinction between those people who are simply inadmissible to enter the U.S. and those who are already in the U.S. and subject to being deported.  In particular this page deals with those persons who are subject to deportation for any number of reasons.

In addition to the grounds of inadmissibility discussed elsewhere, an alien can also be removed from the United States based on the grounds contained in §237 of the Immigration and Nationality Act, which is entitled "General Classes of Deportable Aliens". There are six (6) general grounds listed, which include the following:

(1) Aliens who were inadmissible at the time of entry or adjustment of status, or who have otherwise violated their status, such as those who have worked without authorization or have overstayed their time in the United States.  Also included are aliens whose conditional residence status has been terminated, those who had engaged in alien smuggling, and aliens who have engaged in marriage fraud.

(2) Aliens who have been convicted of a crime involving moral turpitude committed within five years after the date of admission, where the maximum sentence, which could be imposed for the crime, is one year or longer, are deportable.  Likewise, an alien who at any time after admission is convicted of two or more crimes involving moral turpitude is deportable. These deportation grounds also include aliens who are convicted of controlled substance violations (other than a single offense involving possession for one's own use of 30 grams or less of marijuana), as well as drug abusers and drug addicts, and those who have been convicted of any firearms violations.  The new act also renders deportable those aliens who have been convicted of a crime involving domestic violence, stalking, or child abuse.  Also, any alien who is convicted of an aggravated felony at any time after admission is deportable.  An aggravated felony is described in §101(a)(43) of the Immigration Act.  These are crimes which the immigration service considers particularly serious, and which will preclude nearly all forms of relief.

(3) An alien is deportable for failure to register a change of address (unless the alien establishes that such failure was reasonably excusable or was not willful); for any conviction related to the use of false documents; or for falsely claiming US citizenship.

(4) An alien may also be deported for a violation of security and related grounds such as terrorist activities, engaging in actions that could have potentially serious adverse foreign policy consequences for the United States, and if he or she has engaged in Nazi persecution or genocide.

(5) Any alien who becomes a public charge within five (5) years of entry, from a cause that did not arise after entry, is also deportable.

(6) Finally, any alien who has voted in violation of any Federal, State, or local law is deportable.

Specific Grounds of Removability:


  1. Foreign aliens who were found inadmissible at the time of entry or adjustment of status;
  2. Foreign aliens who have violated the terms of their status by working without a work authorization;
  3. Foreign aliens who have violated the terms of their status by staying beyond the period of authorized stay;
  4. Conditional residents who have failed to remove the conditions on their residence in a timely manner;
  5. Foreign aliens who have engaged in alien smuggling;
  6. Aliens who have engaged in marriage fraud with the intent to illegally obtain immigration benefits;
  7. Foreign aliens who have been convicted of a crime of moral turpitude within five years of being admitted to the U.S. and in which the maximum sentence is a year or more;
  8. Foreign aliens who have been convicted of a crime of moral turpitude at least twice;
  9. Foreign aliens convicted of violating controlled substance laws (Unless this was the perpetrator’s first offense and it involved 30 grams or less of marijuana without intent to distribute);
  10. Foreign aliens who are drug addicts or abusers;
  11. Foreign aliens convicted of any firearms violations;
  12. Foreign aliens convicted of stalking;
  13. Foreign aliens convicted of domestic violence;
  14. Foreign aliens convicted of child abuse;
  15. Foreign aliens convicted of an aggravated felony at any time after admission;
  16. Foreign aliens who fail to register a change of address;
  17. Foreign aliens who are convicted of using false documents;
  18. Foreign aliens who are convicted of claiming a false citizenship status;
  19. Foreign aliens who have engaged in terrorist activities;
  20. Foreign aliens who have engaged in activities capable of seriously damaging U.S. foreign relations; or
  21. Foreign aliens who have engaged in Nazi persecution or genocide;
  22. Foreign aliens who have become a public charge of the U.S. government within five years of admission stemming from a cause that was present before entry into the U.S.;
  23. Foreign aliens who have violated federal, state or local law by voting in an election; o
  24. Foreign aliens who are practicing polygamists;
  25. Foreign aliens who are guardians required by a disabled alien; or
  26. Former citizens who renounced their citizenship to avoid taxation.

FAQ


Q1. What if I am currently in removal proceedings due to an unintended failure on my part to notify USCIS of a change of address?

Although Immigration law states that foreign aliens who have failed to notify USCIS of an address change are subject to removal it also states that there is an exception to this rule.  If you are able to prove that your failure to notify USCIS of the address change was not only excusable but also unintended then an immigration court may find you ineligible for removal proceedings.
 

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