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Grounds of Deportability

When people have a nonimmigrant visa or a green card, they have the right to remain in the United States. However, if they commit certain crimes they can be removed from the country on the grounds of deportability. Any non-U.S. citizen who engages in criminal behavior may face removal proceedings.

The Immigration and Nationality Act (INA) sets forth numerous grounds for deportation, including crimes of moral turpitude, committing felonies and others. Generally, if an alien commits a single misdemeanor offense that is classified as a petty offense, then he or she will not be removed.

Common Deportable Offenses

Under the INA, a noncitizen is removable if they commit a crime of moral turpitude within five years of the date that they entered the United States, which resulted in a prison sentence of at least one year.

If a noncitizen is convicted of certain crimes such as child abuse, child neglect or child abandonment among others at any time after being admitted to the U.S., they can be deported.

Examples of deportable offenses:

  • Murder
  • Manslaughter
  • Kidnapping
  • Assault and battery
  • Domestic violence
  • Child abuse
  • Sexual offenses
  • Fraud crimes
  • Marriage fraud
  • Failure to register as a sex offender
  • Violates the terms of their visa or green card
  • Convicted of a drug crime (exception for possessing 30 grams or less of marijuana for personal use)

For the full list of grounds of deportability, you can find them in Section 237 of the INA. These grounds apply to any alien who is already living legally in the United States, including those with a nonimmigrant (temporary) visa or a green card (lawful permanent residence).

Once an alien becomes a U.S. citizen, they are no longer at risk of being deported. U.S. citizens cannot be deported unless they used fraudulent means to get a green card or become a citizen.

Need a deportation defense attorney in Dallas or Plano?

Are you facing removal proceedings? Even if you have been told by the immigration authorities that you are deportable, it doesn’t mean that you won’t have the opportunity to fight the removal proceedings.

You have every right to defend your case, and a Plano immigration attorney from The Zendeh Del Law Firm, PLLC can help. When you are facing deportation, getting help from an experienced lawyer can make all of the difference.

Contact our office to schedule your initial consultation with a skilled member of our legal team!