It is important to note that the laws governing immigration in the USA are dynamic due to the ever-shifting political environment. If you are a permanent resident of the United States through possessing a green card sometimes you have to leave and travel back to your home country or any other country. The causes of this are based on legislation known as the Immigration and Nationality Act, Section 237. This law names so many things which one can be forced to get out of this place for; they to do or how they act
Grounds of Deportability vs. Inadmissibility
When using the term deportability we are referring to persons who are already inside the United States under legal working and resident status such as green card holders or holders of temporary visas. On the other hand, inadmissibility is about individuals who seek entry into the shoes of the United States for the first time, such as visa or green card applicants.
However, certain situations can blur the lines between these two categories. For instance, green card holders who spend extended periods outside the U.S., commit crimes, or engage in illegal activities abroad may face inadmissibility upon their return. This underscores the importance of understanding the potential consequences of actions even after obtaining legal permanent residence.
Common Scenarios Leading to Deportability
To provide a comprehensive overview, let’s explore the various scenarios in which green card holders may become deportable:
Violating Immigration Status or Visa Terms
Green card holders can be deported if they were inadmissible when they initially entered the U.S. or if they violate the terms of their visa, green card, or other immigration statuses. Exceptions exist for permanent residents who have spent fewer than 180 continuous days outside the U.S., provided they haven’t committed specific crimes.
Termination of Conditional Permanent Resident Status
Certain individuals, such as spouses, sons, and daughters of U.S. citizens and investors/entrepreneurs, may hold conditional permanent resident status. If this status is terminated, they can become deportable.
Assisting in Alien Smuggling
Knowingly aiding in the smuggling of other aliens into the United States is a deportable offense.
Marriage Fraud
Individuals who commit marriage fraud, including marrying solely for immigration benefits, can face deportation.
Crimes Involving Moral Turpitude
Conviction of a crime involving moral turpitude within five years of U.S. admission, or ten years if the individual received a green card as a criminal informant, can lead to deportation.
Multiple Crimes Involving Moral Turpitude
Being convicted of two or more crimes involving moral turpitude, not arising from a single scheme, can result in deportability.
Aggravated Felony Conviction
Conviction of an aggravated felony at any point after U.S. admission is grounds for deportation.
High-Speed Flight from Immigration Checkpoint
Attempting to evade immigration authorities through high-speed flight is a deportable offense.
Failure to Register as a Sex Offender
Failing to register as a sex offender can lead to deportation.
Drug Crimes
Conviction of a drug-related offense, whether in the U.S. or abroad, can result in deportation. There is an exception for possession of 30 grams or less of marijuana for personal use.
Drug Abuse or Addiction
An individual who is a drug abuser or addict, as confirmed by confession or medical evidence, can be deported.
Illegal Transactions Involving Firearms
Conviction for illegal transactions related to firearms, weapons, or destructive devices is grounds for removal.
Espionage, Sabotage, Treason, or Sedition
Committing or conspiring to commit these serious offenses, punishable by at least five years in prison, can lead to deportation.
Violations of Selective Service or Trading With the Enemy Act
Violating the Military Selective Service Act or the Trading With the Enemy Act can result in deportability.
Violations of Immigration Restrictions
Engaging in travel or documentation violations or importing aliens for immoral purposes can make an individual deportable.
Domestic Violence and Related Offences
Conviction for offenses such as domestic violence, stalking, child abuse, child neglect, or child abandonment can lead to deportation.
Involvement in Human Trafficking
Engaging in human trafficking or aiding in severe forms of human trafficking, either inside or outside the U.S., can result in removal.
Failure to Notify Change of Address
Failing to inform U.S. immigration authorities of a change of address within ten days, without reasonable excuse, can lead to deportability.
False Information and Document Fraud
Providing false information or engaging in document fraud related to visas, permits, or entry documents can result in deportation.
Final Order of Deportation for Document Fraud
Receiving a final order of deportation for document fraud, forgery, counterfeiting, or related violations can lead to removal.
False Representation as a U.S. Citizen
Falsely representing oneself as a U.S. citizen for immigration benefits can be grounds for deportation, with exceptions for individuals who reasonably believed themselves to be citizens based on parentage and early life in the U.S.
Espionage, Sabotage, and Violations of National Security
Engaging in espionage, sabotage, or activities that threaten national security or public safety, including attempting to control or overthrow the U.S. government, can result in deportability.
Involvement in Terrorist Activities
Participation in or incitement of terrorist activities, association with terrorist organizations, or receiving training from such organizations within the past five years can lead to deportation.
Serious Foreign Policy Consequences
A presence in the U.S. that may create potentially significant adverse foreign policy consequences can make an individual deportable.
Involvement in Persecution, Genocide, Torture, or Child Soldier Recruitment
Engagement in activities such as Nazi persecution, genocide, torture, recruitment or use of child soldiers, and severe violations of religious freedom can lead to deportation.
Becoming a Public Charge
Within five years of U.S. entry, becoming a public charge due to need-based government assistance can result in deportability.
Voting Violations
Voting in violation of federal, state, or local laws, except in cases where an individual reasonably believed they were U.S. citizens based on parentage, can lead to deportation.
Legal Recourse and Protecting Against Deportation
It’s essential to note that individuals facing potential deportability are entitled to defend their case in immigration court, with some situations allowing for waivers or legal forgiveness. However, the surest way to protect against deportation is to become a U.S. citizen, provided there is no fraud involved in obtaining green card status or citizenship.
Additionally, individuals arrested for crimes should exercise caution, as pleading guilty without considering the immigration implications can have dire consequences. Seeking counsel from both criminal and immigration lawyers is crucial in such situations.
In conclusion, the grounds for deportability in the United States are diverse and complex. Understanding these factors is vital for green card holders and other non-citizens to navigate the intricate landscape of immigration law and ensure they remain on the right side of the law.
By staying informed and seeking professional assistance when needed, individuals can protect their legal status and secure their future in the United States.
