Grounds of Deportability

Grounds of Deportability: When Legal U.S. Residents Can Be Removed?

Although people who carry nonimmigrant visas or green card holder have the right to be in the United States, such rights depend entirely on them following certain rules and avoiding certain types of legal violations. The U.S. Immigration and Nationality Act (I.N.A.) sets forth numerous grounds upon which a non-citizen may be deported (removed) back to the person’s country of origin.

This article discusses the reasons why a permanent resident who isn’t considered an “arriving alien” (one who left the country and was put into removal proceedings upon return) can be deported. Other things can get an permanent resident “arriving alien” deported. Such persons, even if they are let back into the country, are considered to be seeking readmission to the United States, so any reason for keeping people out of the U.S. in the first place may make them “inadmissible” and deportable. For a discussion of the grounds of inadmissibility

Only after an immigrant has successfully become a U.S. citizen, is he or she safe from the grounds of deportability. U.S. citizens cannot be removed unless they used fraud to gain their green card or citizenship.

Briefly summarized, a person may be deportable from the U.S. if he or she:

•was inadmissible at time of U.S. entry or of adjustment of status, or violates the terms of his or her visa, green card, or other status. (Permanent residents who have been absent from the United States for fewer than 180 continuous days don’t have to worry about admissibility upon their return except if they have committed certain crimes).

•had conditional permanent resident status (applicable to certain spouses, sons, and daughters of U.S. citizens as well as investor/entrepreneurs, with their spouses, and children) but had this status terminated.

•before, during, or within five years of the date of any U.S. entry, knowingly helped smuggle any other alien trying to enter the United States.

•has been convicted of an aggravated felony at any time after U.S. admission.


If you have any questions regarding Grounds of Deportability or any other immigration topic,
Please contact LEGiTiGO, today