Written by attorney C. C. Abbott

Immigration Law: The Classification of Deportable Aliens

The Immigration and Nationality Act contains six general classifications of aliens that are subject to being deported.( INA § 237; 8 USCA § 1227)

The first deportable group is the aliens who were determined to be inadmissible at the time of entry or adjustment of status or violated status. This classification catches all those who have status problems.

The second group includes non-US Citizens who have been adjudicated guilty within the context of immigration law of a criminal office that is a crime of moral turpitude, an aggravated felony, or a controlled substance offence. The class has also included multiple criminal convictions based on specific categories of crimes.

The third deportable group is those aliens who have failed to register under specific laws or have committed fraud or misused immigration documents. This class includes aliens who conspire to falsify documents, assist in the falsification of documents and use falsified documents. Examples of immigration documents include visas, permits, and other entry documents. Falsely making a claim of US Citizenship for any Federal or State law is also deportable.

The fourth deportable group includes aliens who have at any time engaged in an activity that is determined to be of national security or which endangers public safety.

The fifth deportable group includes aliens who within five years after entry who have ‘become a public charge from causes not affirmatively shown to have arisen since entry." (INA § 237(5))

The sixth group includes aliens who have voted on violation of a Federal, State, or local law making the non-US Citizen deportable.

If a non-Citizen is placed in a deportation proceeding, it is very important to examine the Notice to Appear (NTA) document to determine the specific grounds of deportability alleged. There exist forms of relief including waivers that can be raised based on the grounds for deportation. Anyone who is in a deportation proceeding should retain an experienced immigration attorney who can examine the client’s immigration history including the Immigration Court file and provide a legal opinion as to advocating for the alien at the deportation hearing.

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