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Criminal Grounds for Deportation from the U.S.


Criminal Grounds for Deportation from the U.S.

Numerous justifications for deporting or removing non-citizens are laid out in the U.S. Immigration and Nationality Act (INA). Common justifications for deportation from the U.S. include but are not limited to the following;

  • Fraud
  • Criminal convictions
  • Residing in the U.S. unlawfully

Few rights apply to those who are living illegally in the United States. They could be deported back to their place of origin without a hearing. However, those who are lawful permanent residents (often known as “green card holders”) and those who possess visas like the F-1 student visa and the K-1 finance (e) visa are entitled to a hearing before they are deported. Additionally, they can take a negative judgment to the Board of Immigration Appeals (BIA).

What Crimes Can Result in Deportation from the U.S.?

There are five major categories of criminal conviction that can lead to deportation from the U.S., namely;

  • Aggravated felonies
  • Crimes involving moral turpitude
  • Drug crimes
  • Firearms offenses, and
  • Crimes of domestic violence

A person cannot enter the U.S. if such a person has committed certain felonies. A person will not be able to return legally if such a person is deported for a felony that makes them ineligible no matter how long they have resided in the U.S. Furthermore, it is easier to obtain a hardship waiver if your crime is not regarded as a particularly serious crime. A crime is deemed exceptionally serious under the INA if it is an aggravated felony with a penalty of five years or longer.

When Can a Person be Deported for Living Unlawfully in the U.S.?

An illegal immigrant may be deported without a hearing and frequently through an expedited removal process within 24 hours after being arrested by U.S. Immigration and Customs Enforcement (ICE) officers. An illegal immigrant in the U.S. can be deported if;

  • An illegal immigrant is not allowed to enter the U.S.,
  • Admission to the U.S. has been revoked or terminated,
  • The illegal immigrant has refused to obey the conditions of entry to the U.S.,
  • The illegal immigrant procured their visa through fraud,
  • A non-citizen knowingly encouraged or assisted another non-citizen to enter the U.S. illegally,
  • Such non-citizen still needs to maintain the status under which they are admitted.

In conclusion, U.S. citizens cannot be deported unless they get their citizenship through fraud.

By : Cano Immigration | January 23, 2021 | Deportation

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