Grounds of Deportability

One thing that most people who want to immigrate want to know is what prevents them from immigrating in the first place (inadmissible) and what would things would cause them to no longer be allowed to stay in the United States (deportable). Though for the most part, these two lists are similar, there are some differences that people need to be aware of. This post will focus solely on the Grounds of Deportability, since my last post focused on the Grounds of inadmissability. I also  plan on explaining some of the waivers available to people in a later post, so look out for that one as well. In addition, I know that there is a lot of information in this post, please if you have any questions, please contact me, I am happy to help.

DEPORTABLE

To say that someone is deportable means the immigrant is located in the United States illegally. This is different from being inadmissible since that deals with immigrants who are still outside of the United States. With that said, the grounds that make these immigrants deportable can be found in INA §237. These grounds are:

1.  Inadmissible at Time of Entry or of Adjustment of Status or Violates Status
1. They who have come into the United States illegally and who would have been inadmissible.
2. Their non-immigrant visa has been revoked (due to violations of conditions of entry, violating status, etc) or expired and they have remained in the United States.
3. Their conditional permanent residence has been revoked due to violating conditions of entry.
4. Any immigrant who (prior to the date of entry, at the time of any entry, or within 5 years of the date of any entry) knowingly has encouraged, induced, assisted, abetted, or aided any other immigrant to enter or to try to enter the United States in violation of law.
5. Those who have been admitted through fraud, especially marriage fraud.
2. Criminal Grounds
1. Crimes of Moral Turpitude - One who is convicted of a crime involving moral turpitude committed within five years (or 10 years in the case of an immigrant provided lawful permanent resident status under §245(j)) after the date of admission, and is convicted of a crime for which a sentence of one year or longer may be imposed
2. Multiple criminal convictions.-Any immigrant who at any time after admission is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of whether confined therefor and regardless of whether the convictions were in a single trial.
3. Aggravated felony.-Any immigrant who is convicted of an aggravated felony at any time after admission.
4. High Speed Flight.-Any immigrant who is convicted of a violation of section 758 of title 18, United States Code, (relating to high speed flight from an immigration checkpoint).
5. Violation of Controlled Substance Laws - Any conviction relating to illegal drugs except for a single offense involving possession for one's own use of 30 grams or less of marijuana.
6.  Drug Abusers and Addicts.-Any immigrant who is, or at any time after admission has been, a drug abuser or addict.
7. Certain Firearm Offenses.-Any immigrant who at any time after admission is convicted under any law of purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon, part, or accessory which is a firearm or destructive device.
8. Miscellaneous Crimes (Including conspiracy or attempt) - Espionage, Sabotage, Treason and Sedition, etc.
9. Domestic Violence, Stalking, or Violation of Protection Order, and Crimes against Children
10. Trafficking - Any immigrant who is involved in any kind of trafficking.
3. Failure to Register and Falsification of Documents
1. Immigrants who do not notify the government upon changing their address.
2. Any immigrants who falsify documents
3. Any immigrant who falsely claims citizenship
4. National Security Grounds
1. Any immigrant who engages in any activity to violate any law of the United States relating to espionage or sabotage or to violate or evade any law prohibiting the export from the United States of goods, technology, or sensitive information; any other criminal activity which endangers public safety or national security, or any activity a purpose of which is the opposition to, or the control or overthrow of, the Government of the United States by force, violence, or other unlawful means.
2. Any immigrant who engages in terrorist activities
3. Foreign Policy - Any immigrant whose presence or activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States.
4. Any immigrant who has participated in Nazi persecution, genocide, or the commission of any act of torture or extrajudicial killing.
5. Any immigrant who has participated in the commission of sever violations of religious freedom.
6. Any immigrant who has engaged in the use or recruitment of child soldiers.
5. Public Charge 
1. Any immigrant who, within five years after the date of entry; has become a public charge from causes not affirmatively shown to have arisen since entry.
6. Unlawful Voters
1. Any immigrant who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation.

Once again, I know this is a pretty exhaustive list, but it is important to know what could prevent someone from staying the United States. In addition, as I said above, I will be doing a post Waivers that can help those that fit into these categories. I hope this helps. If you have any questions, please contact me. This is a very complex system, and everyone deserves the right to be represented from a competent attorney.