What makes a person deportable

The Alien Registration Act, , referred to in subsec. Section 36 a of that act was classified to section c of this title and was repealed by section a 39 of act June 27, The Foreign Agents Registration Act of , referred to in subsec. For complete classification of this Act to the Code, see Short Title note set out under section of Title 22 and Tables.

Section was formerly classified to section of this title prior to renumbering by Pub. A prior section , acts June 27, , ch. See section of this title.

Prior to amendment, cl. Prior to amendment, text read as follows: "Any alien who has engaged, is engaged, or at any time after admission engages in any terrorist activity as defined in section a 3 B iv of this title is deportable. See Amendment note below.

E relating to participation in the commission of severe violations of religious freedom. E relating to recipient of military-type training, was repealed by Pub.

See Effective Date of Amendment note below. I and II , respectively, of cl. D generally. Prior to amendment, text read as follows: "Any alien who falsely represents, or has falsely represented, himself to be a citizen of the United States for any purpose or benefit under this chapter including section a of this title or any Federal or State law is deportable.

Prior to amendment, text read as follows: "Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is deportable. A identically, substituting "inadmissible" for "excludable".

B generally. Prior to amendment, text read as follows: "Any alien who entered the United States without inspection or at any time or place other than as designated by the Attorney General or is in the United States in violation of this chapter or any other law of the United States is deportable. Text read as follows: "Any alien who obtains the status of an alien lawfully admitted for temporary residence under section of this title who fails to meet the requirement of section d 5 A of this title by the end of the applicable period is deportable.

H to reflect the probable intent of Congress. H identically, substituting "inadmissible" for "excludable" in introductory provisions. II generally. Prior to amendment, subcl. II read as follows: "either is sentenced to confinement or is confined therefor in a prison or correctional institution for one year or longer,".

Former cl. C generally. Prior to amendment, text read as follows: "Any alien who is the subject of a final order for violation of section c of this title is deportable. In the case of such an alien the Attorney General shall provide by regulation an opportunity for the alien to establish that the alien was so admitted. Prior to amendment, subsec. A and added cl. Prior to repeal, par. Amendment by Pub. Amendment by section b of Pub. The amendment made by paragraph 2 [amending this section] shall be effective as if included in the enactment of section of the Illegal Immigration Reform and Immigrant Responsibility Act of Public Law — ; Stat.

Such amendments shall apply to individuals in proceedings under the Immigration and Nationality Act [ 8 U. Amendment by section a 4 B of Pub.

Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Lawyer Directory. Call us at 1 Legal Reasons a U. Immigrant May Be Deported.

Commission of a Crime A number of crimes— though not all —can result in an immigrant's becoming deportable from the United States. Violation of U. Immigration Laws Someone who violates the immigration law by, for example, participating in a fraudulent marriage or helping smuggle other aliens into the United States, may be found deportable.

Entry Anyone who has received a green card knows that proving that you will not become a "public charge"— that is, have to rely on need-based government assistance—was an important part of showing that you were not inadmissible to the United States and deserved a green card. Getting Legal Help to Avoid Deportation If you are facing deportation removal due to one of the above-mentioned reasons or for any other reason, consider speaking with an immigration attorney as soon as possible.

Timeframe to Get a Nonimmigrant U. Talk to a Lawyer Need a lawyer? Start here. Practice Area Please select Zip Code. Likewise, if you qualify for adjustment or re-adjustment of status to permanent resident under the Violence Against Women Act VAWA because you suffered physical or emotional abuse at the hands of a U. Otherwise, you can get a h waiver only if you can show that your deportation would cause extreme hardship to your U.

Ultimately, your success in obtaining a h waiver will depend on the level of violence involved in any crimes committed, proof of rehabilitation, and other factors showing that you deserve a second chance.

The full list of crimes that are considered aggravated felonies under immigration law which is different from criminal law is extensive and may be found in the Immigration and Nationality Act at I.

If you were convicted of an aggravated felony at any time, there will be little you can do to avoid deportation, unless you can prove it is more likely than not that you would be tortured in your native country upon return.

A waiver to return to the U. You should obtain competent counsel who can help you avoid an aggravated felony conviction that will permanently render you inadmissible to the United States.

The full list of crimes and other grounds of deportability is in Section of the I. It lists things like drug crimes, illegal firearms possession or sales, espionage, domestic violence, stalking, child abuse or neglect, human trafficking, terrorist activity, and more. In some cases, the crimes on this list might also be considered crimes of moral turpitude or aggravated felonies. By listing them separately, however, the law ensures that immigrants cannot attempt to defend against deportation by arguing about whether or not the conviction should count as a crime of moral turpitude or aggravated felony.

Residents Can Be Removed. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.

The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. How crimes of moral turpitude, aggravated felonies, and other crimes can make even a green card holder deportable from the U. Petty-Offense Exception May Excuse a Crime of Moral Turpitude Immigration law provides that a crime can escape classification as a crime of moral turpitude if it is a "petty offense.

When a Person May Be Deported for a Crime of Moral Turpitude There are two ways that committing a crime of moral turpitude could put you into removal deportation proceedings: You commit a crime of moral turpitude during the first five years after your admission to the United States. You commit two or more crimes of moral turpitude that did not arise out of a single scheme of criminal misconduct at any time after your admission to the United States.

Determining Whether You Are Deportable for Multiple CMTs You can also be placed into removal proceedings if you have committed more than one crime involving moral turpitude, regardless of when the crimes occurred. When a Waiver May Be Available for a Crime of Moral Turpitude There are a few situations in which you may be able to ask to apply or reapply for a green card as a defense to deportation along with a " h waiver " despite having committed a crime of moral turpitude.

What Is an Aggravated Felony?