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When Can an Immigrant be Deported From the U.S.?

November 18, 2021

After an immigrant is deported from the U.S., it's difficult for them to get another visa or green card that allows re-entry to the country. Typically, the federal government imposes a period of inadmissibility. During this period of time, the non-citizen is banned from re-entering through the country's ports of entry.

Often, the period of inadmissibility lasts for 10 years. However, it can range between 5 years and a permanent ban. While a ban on entering the U.S. is a serious matter, it’s not impossible.

The reentry process following deportation proceedings vary based on the reason why the individual was deported back to their country of origin in the first place, the number of criminal violations, among other reasons. In this article, we'll discuss reasons why and when a person can be deported from the United States. 

When Can Someone be Deported from the United States?

Briefly summarized, a green card holder or non-citizen may be deportable from the United States when he or she:

  • Had conditional permanent resident status, which is applicable to certain spouses, daughters, and sons of U.S. citizens as well as entrepreneurs/investors, with their children and spouses, but that status was canceled.
  • Was inadmissible at the time of their entry to the United States or at the time of their adjustment of status, or the person violated the terms of their green card, visa, or another status. It's essential to note that permanent residents who have been outside the United States for fewer than 180 continuous days need not worry about admissibility upon their return except if they have committed certain criminal offenses.
  • Is convicted of crimes involving moral turpitude, which was committed within 5 years after their date of admission to the United States or ten years if the immigrant received a green card as a criminal informant and they are subject to a jail sentence of at least one year.
  • During, before, or within five years of their date of entry to the United States, knowingly helped smuggle another non-citizen trying to enter the country. 
  • Has been convicted of two or subsequent offenses involving moral turpitude after their admission to the United States, where the two criminal offenses didn't arise out of a single scheme of misconduct.
  • Has been convicted of an aggravated felony offense at any time after their United States admission.
  • Committed marriage fraud. 
  • Got married less than two years before getting a United States green card on that basis, then had the marriage was terminated or annulled win the next two years unless the alien can prove that their marriage wasn't a fraud, meant to escape any provision of the United States immigration laws.
  • Doesn't register as a sex offender.
  • At any time after their admission to the U.S. admission has been, a drug addict or drug abuser. Here, no actual court conviction is needed for a non-citizen to be deported back to their country of birth under this section. The evidence on a medical report or an individual's own confession to drug use is sufficient.
  • Has been convicted of fleeing from an immigration checkpoint.
  • Has been convicted of illegally possessing, selling, buying, or engaging in other transactions concerning weapons, destructive devices, or firearms, at any time after their admission to the United States.
  • Has violated the Trading With the Enemy Act or the Military Selective Service Act.
  • Has been convicted of conspiring or committing sabotage, espionage, sedition, or treason, if punishable by a minimum of five years in prison.
  • Has violated certain documentation and travel restrictions or imported non-citizens for immoral purposes.
  • Has conspired or committed human trafficking inside or outside the United States or has apparently been a knowing abettor, aider, conspirator, assister, or colluder with another person in serious cases of human trafficking; or who is the trafficker's son, daughter, or spouse and, within the past five years, knowingly received other benefits or financial benefits from the illicit activity.
  • Has been convicted of child abuse, stalking, domestic violence, child abandonment, or child neglect, at any time after their admission to the U.S.
  • Has violated a protective order meant to stop repeated harassment, credible threats of violence, or bodily injury.
  • Didn't advise United States immigration officials, in writing, of a change in address within 10 days of the move, unless the individual can prove that the failure wasn't willful or was reasonably excusable.
  • Has been convicted of giving false information regarding a requirement to register with United States immigration authorities or of other criminal violations relating to misuse of visas, permits, and other entry documents, or fraud.
  • Has received a final order of deportation for counterfeiting, forgery, document fraud, or related violations.
  • Represented themselves falsely as a United States citizen to gain any immigration benefits or other benefits. However, there's an exception to this rule if the undocumented immigrant's parents - adoptive or biological - are or were United States citizens, the individual lived in the United States before age 16, and the person reasonably believed they were a United States citizen.
  • Is engaged, or at any time after their admission to the United States engages in sabotage, espionage, or immigration violations or evasions of any law banning the export of technology, goods, or sensitive information, or in any other criminal activity that is national security or a danger to public safety, or activities in attempts to control, opposite, or overthrow the United States government by violence, force or other unlawful means.
  • Within five years after entry to the United States, has become dependent on need-based government assistance for reasons that didn't occur after the person's entry to the United States.

Be Prepared: New York City Deportation Lawyer

Even if the immigration authorities believe that you can be deported, you won't be removed out of the country immediately. Often, unless, for instance, there's an outstanding order of deportation in your file, you may defend your case in front of an immigration judge.

For some types of removal proceedings, immigration law may offer a waiver that you can apply for. Thus, it's essential to get legal counsel from an experienced immigration lawyer if you're facing deportation proceedings or believe you may be deportable.

If you or a loved one faces criminal charges or other grounds for removal from the United States, we invite you to call our New York City immigration attorneys for a free and confidential consultation. Contact the skilled New York City immigration attorneys at The Law Office of Jason A. Dennis today at 516-494-7373 for a free case review. 

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