Causes of deportation in the United States

An arrest, an expired visa, or a criminal record can leave you wondering whether you face deportation. The reasons for deportation in the United States depend on how you entered, your status, and the facts in your record; we review those details with you to identify which ground could apply.

Inadmissibility and deportability depend on your immigration situation

The law distinguishes two sets of grounds. The grounds of deportability in section 237 of the INA concern people who were admitted to the country. They can also affect lawful permanent residents: having a green card does not eliminate every legal ground for removal.

The grounds of inadmissibility in section 212 of the INA are used to assess admission and certain immigration benefits. They also cover, subject to legal exceptions, people in the United States without admission or parole. They are not limited to people outside the country.

These categories can overlap: being inadmissible when you entered or adjusted status can be a ground of deportability. To understand what are sometimes called “types of deportation,” we review your manner of entry, the dates, and the applicable legal provision. These grounds apply to people who are neither U.S. citizens nor U.S. nationals.

Violating your status or the conditions of your stay

Staying beyond the authorized period or failing to comply with the conditions of nonimmigrant status can be a ground of deportability. This can include work your immigration category does not permit. The review needs to account for the conditions of your admission and any later changes, rather than relying only on the visa in your passport.

Your visa expiration date and your authorized stay are different. The Department of State explains this distinction: the admission decision determines the permitted stay. Check your I-94 record, which may show an admitted-until date or duration of status, and any later documents affecting your situation.

For example, a visa that expired after you entered does not, by itself, show that you overstayed. Conversely, a visa that is still valid does not let you remain beyond your authorized stay. Entry without admission or parole requires a different analysis under the applicable inadmissibility grounds.

Criminal records that can have immigration consequences

We review each criminal record against the ground and offense defined by law. For people who were admitted, the deportability categories we need to examine include:

• Certain crimes involving moral turpitude. The analysis considers the offense's elements, your admission date, the possible sentence and whether there are one or multiple convictions. Considering conduct morally objectionable is not enough to classify it this way under immigration law.
• Aggravated felonies. This is a category defined in immigration law, covering different offenses. A state's classification of an offense as a felony or misdemeanor does not, by itself, settle its immigration classification.
• Controlled substances and firearms. There are specific grounds for certain convictions. For drugs, the law includes a limited exception for a single offense involving possession of 30 grams or less of marijuana for personal use; it does not provide general protection against other grounds.
• Domestic violence, stalking and child abuse. Certain convictions can create grounds of deportability. Certain protection order violations fall under a separate ground based on a court's finding about the prohibited conduct.

An arrest is different from a conviction

Being arrested or charged does not mean you have been convicted or automatically establish a ground for removal. However, some grounds do not require a criminal conviction: the law includes provisions concerning drug abuse or addiction and certain protection order violations. Not every criminal ground of inadmissibility depends exclusively on a conviction, either.

The immigration definition of a conviction can also cover cases where adjudication of guilt was withheld. There must be a finding, plea or admission covered by the statute and a punishment, penalty or restraint on liberty ordered by the judge. The label given to an agreement in criminal court is not enough to determine its immigration effect.

Before pleading guilty, it is helpful to coordinate criminal defense with a review of immigration consequences. To assess a case that has already been resolved, we need the criminal statute involved, the outcome of the proceedings and the sentence.

Fraud, documents and other legal grounds

Fraud or willfully misrepresenting a material fact to obtain a visa, admission or another immigration benefit can create a ground of inadmissibility. Not every mistake meets that standard: what was stated, its importance and the circumstances need to be examined. Falsely claiming U.S. citizenship is a separate ground with its own conditions and exceptions.

There are also grounds involving alien smuggling, certain cases of marriage fraud and termination of conditional residence. Each has specific requirements.

The law also includes national security grounds, such as certain cases involving espionage or terrorism. An immigration enforcement priority and a legal ground for removal serve different purposes: falling within a priority category does not replace the need to identify the applicable legal basis.

A previous removal or reentry can also affect admissibility. The consequences depend on the order and the later departure and entry.

Identifying a ground is different from having an order

A ground is the legal basis alleged; a removal order is the authority's decision. An arrest, an expired visa, or the name of an offense does not establish that order. In ordinary proceedings before an immigration judge, inadmissibility or deportability is decided; other cases follow different procedures.

To prepare a defense against deportation, our team studies the alleged ground and the documents supporting it. We can then explain which issues need to be addressed in your situation.

If you received a Notice to Appear, or NTA, distinguish the alleged facts from the ground cited and any later decision. To examine that ground, gather your entry and status records, the immigration document you received and, if there is a criminal history, the relevant court dispositions.

The possibility of seeking an immigration waiver depends on the ground and its requirements. Not every ground allows the same waiver.

If you have already received a decision, read what to do when you receive a deportation order to organize your response for that stage. If you only know about a past incident or have doubts about your record, you first need to check whether a deportation order exists.

Frequently asked questions about the reasons for deportation

Contact our team at Zava Immigration Law Group to review which ground may affect your case and your entry, status and criminal records. We will explain which issues need to be addressed and which options should be evaluated based on your history.