Grounds for Deportation

Immigrants and nonimmigrants who were lawfully admitted in the U.S. may face removal (or deportation) based on one or more of the grounds for removal under Section 237(a).  Foreign nationals may also be removed from the U.S. because he/she is inadmissible (one who is not admissible to the U.S.) under Section 212.  The ground(s) for removal are adjudicated formally in Immigration Court before a judge.  The judge has the discretion whether to have the person removed or grant an immigration benefit or relief such as an adjustment of status.

However, in certain cases, people who have been convicted of aggravated felonies may face “expedited removal,” a removal process without a hearing before a judge (under Section 238(a)).  The Government issues a Notice to Appear with formal charges to deport the person.

Section 237(a) outlines the grounds for removing an immigrant and nonimmigrants from the U.S.:

  • Inadmissible at the time of entry or adjustment of status

  • Criminal grounds –

    • crimes involving moral turpitude

    • controlled substances violations

    • multiple criminal violations

    • aggravated felonies

    • certain firearm crimes

    • domestic violence crimes and crimes against children

    • trafficking

  • Public charge/economic reasons

  • National security or public safety violations

  • False claim to U.S. citizenship

  • Unlawful voting

  • Falsifying documents

  • Document fraud

Relief From Removal

There are a number of relief available to people in removal, depending on their eligibility for the relief and the facts of the case.  Some of the relief include:

  1. Cancellation of Removal
  2. Adjustment of Status
  3. Prosecutorial Discretion
  4. Asylum
  5. Withholding of Removal
  6. U.N. Convention Against Torture (CAT)
  7. Waivers of Grounds of Inadmissibility (criminal, fraud, readmission, unlawful presence)

If you are facing removal, The Law Office of LaToya N. McBean can work with you to develop your best defense strategy.

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