Deportation/Removal Due To Non-criminal Grounds For Deportation

Inadmissible Aliens - INA §237(a)(1)(A)

Any alien who at the time of entry, or while adjusting status was within an inadmissible class. Under the INA §212(a), certain classes of aliens are ineligible for visas or admission into the United States. Grounds of inadmissibility include:

  • Health Related Reasons INA §212(a)(1)(A);
  • Certain Criminal Grounds INA §212(a)(2)(A);
  • Aliens Intending to Engage in Prostitution INA §212(a)(2)(D); and
  • Involvement with Terrorist Activities §212(a)(3)(B).

Presently in Violation of Law - INA §237 (a)(1)(B).

Any alien who is present in the United States in violation of this Act, or any other law of the United States. This is a broad ground for removal and covers alien’s who overstayed their visa or entered without inspection.

Violated Nonimmigrant Status or Condition of Entry - INA§237 (a)(1)©

Any alien who was admitted as a nonimmigrant and failed to maintain their nonimmigrant status in which the alien was admitted or to which it was changed, or to comply with the conditions of any such status, is deportable.

Termination of Conditional Permanent Residency - INA §237 (a)(1)(D)

Any alien with permanent resident status on a conditional basis under INA Section 216 (relating to conditional permanent resident status for certain alien spouses and sons and daughters) or under section 216A (relating to conditional permanent resident status for certain alien entrepreneurs, spouses, and children) who has had such status terminated under such respective section is deportable.

Waiver: An alien granted conditional permanent residency under INA Section 216 who had such status terminated may apply a hardship waiver contained in INA Section 216(c)(4) if extreme hardship would result if the alien is removed, the marriage was entered into in good faith and the alien was not at fault in failing to have the conditional status removed, or the alien entered into the marriage in good faith but was subject to extreme cruelty by his or her spouse or citizen or permanent resident parents.

Smuggling - INA §237 (a)(1)(E)

Any alien who encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of the law. However, there are certain circumstances that may exist that will excuse an alien for engaging in these offenses.

Waiver: The Attorney General may, in his discretion for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest, waive application of ground for removal in the case of any alien lawfully admitted for permanent residence if the alien has encouraged, induced, assisted, abetted, or aided only an individual who at the time of the offense was the alien's spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of the law. INA §237 (a)(1)(E)(iii).

Marriage Fraud - INA §237 (a)(1)(G)

An alien shall be considered to be deportable if the alien was admitted into the United States on an immigrant visa or other documentation procured on the basis of a fraudulent or sham marriage. The DHS will consider marriages entered into less than two years prior to the alien’s admission that was judicially annulled or terminated within 2 years after the admission to be presumptively fraudulent. However, under this situation an alien can avoid deportation by establishing to the satisfaction of the Attorney General that such marriage was not contracted for the purpose of evading any provisions of the immigration laws. An alien may also be deportable if it appears to the satisfaction of the Attorney General that the alien has failed or refused to fulfill the alien's marital agreement which in the opinion of Deportation/Removal Due To Non-criminal Grounds For Deportation

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