Comparison of Grounds of Inadmissibility and Deportability

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Comparison of Grounds of Inadmissibility and
Deportability
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When should Inadmissibility and Deportability be
considered? (already covered)

• Inadmissibility

• Deportability

• Application for visa

- Any time after admission

• Any admission

- When seeking naturalization

• Adjustment of status

Relevant when considering naturalization
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General Observations (already covered)
- Statutory authority is found at 8 U.S.C. 1182
and 1227, Sec. 212 and 237 of the INA
- Regulatory and policy guidance Part 40 F.A.M
22 C.F.R. 40 8 CFR 1212, 212 214 (nonimmigrant
status, terms of admission and maintenance of
status OI 212
- Many of the grounds of inadmissibility and
deportability may be waived
- Inadmissibility grounds are interpreted more
broadly
- Deportability grounds are viewed more narrowly
with tighter interpretation
- Burden of Proof for inadmissibility is clearly
and beyond a doubt entitled to be admitted
deportability must be established by clear and
unequivocal evidence w/some alteration in statute
for EWIs
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Unique to Inadmissibility

• Numerous health grounds
• Admission of acts constituting crimes
• Unqualified health workers
• Prostitution
• Unlawful presence bars
• Previous removal
• Polygamy
• Renunciation of U.S. citizenship to avoid taxes
• Accompanying an inadmissible person
• International child abductors
• Communists or members of totalitarian party
• Student visa abusers
• Not in possession of valid entry documents
• Labor certification requirement

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Unique to Deportability Grounds

• Inadmissible at time of entry
• Aggravated Felony ground
• Present in violation of law (illegal entry)
• Violation of condition of entry
• Termination of conditional residence
• Failure to register change of address
• High speed flight to avoid INS
• Certain firearm offenses
• Selective Service Act violations
• Domestic violence
• Violation of protection orders
• False claim of U.S. citizenship for voting

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Real Bad Guys
Terrorists, spies, nazis from WWII, and persons
who have engaged in genocide
Aggravated felons, and firearms especially
murderers and torturers
Drug abusers, and addicts
Person who if admitted or after having been
admitted will have potentially serious adverse
consequences to U.S. foreign policy
Persons engaging in or assisting in human
trafficking, and drug dealers
Persons who commit marriage fraud for immigration
purposes
Persons coming to practice polygamy
Persons likely to become a public charge except
refugees or persons granted asylum.
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Grounds of Inadmissibility and Deportability

• Economic
• Political
• Health
• Criminal
• Quasi-criminal
• Miscellaneous

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Economic
Public charge
I likely to become a public charge D becomes
a public charge as a result of cause which
existed prior to admission.
Will not displace or adverse impact on U.S.
workers
I For persons immigrating on account of
employment must obtain certification from Sec. of
Labor D No comparable provision
I - Inadmissibility D - Deportability
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Political, Security Foreign Policy
I Is or has been a member or affiliated with a
communist or totalitarian party D No comparable
provision
Political
Foreign Policy
I Person whose entry Sec. of State has reasonable
ground to believe would have potentially serious
adverse foreign policy consequences D Whose
presence or activities the SOS has reasonable
ground to believe would have potentially serious
adverse foreign policy consequences
I Consular or Immigration official has reasonable
ground to believe person is seeking admission for
some purpose in committing such acts D Acts
committed after admission
Spies, Saboteurs
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Political, Security, contd
Terrorism
I - Has engaged or likely to engage in terrorism
or where officer has reasonable ground to believe
that person . (expanded in 2005 to include
persons receiving military type training from
or on behalf of a proscribed organization, or
endorses, espouses or persuades others . . . D -
Encompasses the inadmissibility provisions.
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Health
HIV
I Deemed a communicable disease of public health
significance D No comparable provision
Other comm. diseases
I As determined by the Sec. of HHS D No
comparable provision
Phys or mental disorder
I As determined by the Sec. HHS in consult w/ AG,
where disorder may poses threat to property,
safety or welfare of person or where behavior is
likely to recur. D No comparable provision
Vaccinations
I Listed vaccinations where person entering as
immigrant D No comparable provision
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Health, contd
Drug abusers
I A person determined according to the Sec. of
HHS to be a drug abuser or addict. D Is or at
any after admission has been, a drug abuser or
addict is deportable.
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Criminal
Admission
I Admission of acts constituting crimes will
render inadmissible D No comparable provision
Agg Felons
I No equivalent grounds (except inadmissibility
for other crimes) D Any time after admission
(expedited and summary proceeding)
CMT
I A single crime involving moral turpitude D
Convicted of a cmt crime within 5 years of
admission (10 yrs for persons granted LPR on
witness protection visa.
Mult. Crimes
I A conviction of 2 or more crimes irrespective
of MT where aggregate sentence of confinement
actually imposed was gt 5 yrs D 2 or more crimes
involving MT irrespective of sentence or
confinement
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Criminal, contd
Controlled Substance
I Any conviction for any crime relating to a
controlled substance renders person
inadmissible. D Same except not for a single
offense possession for personal use of lt 30 grams
of marihuana
Controlled Substance II
I Any person whom the consular officer or AG
knows or has reason to believe is or has been a
trafficker in any controlled substance is
inadmissible. D No comparable provision
Petty Offense
I Petty offensewhere crime committed max.
possible penalty was lt 1 yr. and person sentenced
to lt 6 months. D No comparable provision
Juvenile Offense
I Crime committed while under 18 and person
released from confinement gt 5 years from
application for admission to U.S. D No comparable
provision
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Quasi-criminal
Marriage
I No comparable provision but marriage fraud
exists in other sections D Where marriage ends
within 2 yrs unless person can establish that it
was bona fide
Fraud
I By fraud or willful misrepresenting a
material fact procures or seeks to procure a
visa, other documentation or admission. D No
equivalent provision although person would be
deportable on other grounds
Smuggling
I Knowingly encourages, induced assists aliens to
enter the U.S. in violation of law D Same but
smuggling must must have been within 5 years of
last entry
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Quasi-criminal contd
Polygamy
I prohibits the admission of practicing
polygamists D No comparable provision
Prostitution
I prohibits admission of persons coming to engage
in or has engaged in prostitution within 10
years. Engaged in business of prostitution or
receives proceeds of prostitution within 10
yrs. D No comparable provision
Immunity from prosec.
I Asserts immunity from from prosecution for
serious crimes D No comparable provision
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Miscellaneous
Travel docs
I All persons must have proper travel docs. D Not
a separate grounds but lack of proper documents
will prevent extension of nonimmigrant status
Previous removal
I Person removed barred from readmission D
Re-entry without permission grounds for removal
and crime
Accompanying inad.
I Accompanying dependent inadmissible person D No
comparable provision
Unlawful entry
I Not ground for inad., but past unlawful
presence is ground. D Any unlawful entry even by
LPR
Student visa abuser
I - Person admitted as student at private
primary or secondary school and then switches to
public school is inadmissible D - Deportable only
for violation of status.
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Miscellaneous contd
Failure to register
I No comparable provision D All foreigners in
U.S. required to notify INS of change of address
False claim to USC
I - False representation of ones own citizenship
status. (State Dept. position) D No comparable
provision
Frivolous asyl claim
I - Ineligible for any future immigration
benefits D - No comparable provision
Unlawful voting
I - No comparable provision D - Voting in
violation of a federal, state or local election
law