| Grounds for Removal |
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The Immigration and Naturalization Act (INA) ยง 237 sets for the grounds for removal. There are six categories of "deportation" grounds: 1) inadmissible at time of entry or of adjustment of status or violates status; 2) criminal offenses; 3) Failure to register and falsification of documents; 4) security and related grounds; 5) public charge; and 6) unlawful voters.
Inadmissible at time of entry or of adjustment of status or violates status
This ground for removal includes any alien, who at the time of entry or adjustment of status was within one or more of the classes of aliens inadmissible by the law existing at such time. It also includes any alien present in the United States in violation of the INA or any nonimmigrant who violated his or her status or condition of entry. Inadmissibility also can arise from the termination of a grant of conditional permanent residence. Smuggling other aliens into the United States or committing marriage fraud will also be grounds for deportation.
Criminal offenses
An alien can also be removed due to his or her criminal activity. This activity includes: crimes of moral turpitude, multiple criminal convictions, conviction of an aggravated felony, conviction of high speed flight from an immigration checkpoint, conviction of a violation of a controlled substances act or proof that the alien is a drug abuser or addict, conviction of certain firearm violations, convictions of espionage, treason, or sedition, crimes of domestic violence, stalking, and child abuse, and violations of protective orders.
Failure to register and falsification of documents
This ground of removal applies when an alien fails to register a change of address and cannot establish that such failure was reasonably excusable or was not willful. It also applies to an alien convicted of a violation of the Alien Registration Act, the Foreign Agents Registration Act, or other specific provisions of the U.S. Code relating to fraud and misuse of visas, permits, and other entry documents. A false claim of citizenship for purposes of receiving a benefit under any state or federal law is also grounds for removal.
Security and related grounds
Any alien who has engaged 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, is deportable. If an alien has engaged in terrorist activities or other activities that would have potentially serious adverse foreign policy consequences for the United States, that alien is deportable. The same holds true for any alien who assisted in Nazi persecution or engaged in genocide.
Public charge
Any alien who, within five years after the date of entry; has become a public charge from causes not affirmatively shown to have arisen since entry is deportable.
Unlawful Voters
Generally, any alien who has voted in violation of any federal, state, or local constitutional provision, statute, ordinance, or regulation is deportable.
Waivers
Some of the above grounds for removal are categories subject to waiver under certain circumstances. For some grounds, waiver is authorized in the discretion of the Attorney General in certain situations, including when the alien is an immediate family member of a U.S. citizen. Also, in some cases, there is a waiver for victims of domestic violence. |
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