Main Grounds of Deportability Under INA § 237(a)
The statute divides deportability into several broad categories:
1. Inadmissible at Time of Entry or Adjustment / Status Violations [
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- Inadmissibility at entry: Being inadmissible under the law at the time of entry or adjustment of status.
- Present in violation of law: Being in the U.S. in violation of the INA or any other federal law (e.g., an expired nonimmigrant visa or revoked status).
- Failure to maintain nonimmigrant status: Breaking the conditions of admission or student/work status.
- Conditional permanent residence termination: Having conditional green card status terminated (such as through marriage fraud).
- ***Smuggling and marriage fraud: Aiding unlawful entry (within specific windows) or engaging in marriage fraud.*** (Asterisks are mine)
2. Criminal Offenses [
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- Crimes Involving Moral Turpitude (CIMT): Conviction for a crime involving moral turpitude committed within a certain timeframe after admission (carrying a potential sentence of one year or more), or multiple distinct CIMT convictions. [1]
- Aggravated felonies: Conviction for an aggravated felony at any time after admission. [1]
- Controlled substance violations: Convictions or violations related to illicit drugs or being a drug abuser/addict (with a narrow exception for a single minor marijuana possession offense of 30 grams or less). [1, 2]
- Firearm offenses: Unlawfully possessing or carrying a weapon or firearm. [1, 2]
- Domestic violence, stalking, and child abuse: Convictions for domestic violence, stalking, child abuse, neglect, or violation of a protective order. [1]
3. Failure to Register and Document Falsification [
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- Failure to change address: Willfully failing to notify the government of an address change under INA § 265.
- Document or registration fraud: Convictions for falsifying documents, visa fraud, or final administrative orders regarding document fraud.
- False claim to U.S. citizenship: Falsely representing oneself as a U.S. citizen for any purpose or benefit under federal or state law. [1, 2]
4. Security, Terrorism, and Related Grounds [
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- Espionage, sabotage, or treason: Engaging in activities that endanger national security or public safety.
- Terrorist activities: Involvement with terrorist organizations or acts.
If the Security of State determines any of these violations to be valid, he has the authority to deport and it is not reviewable by a judge.
***Conclusive Evidence: Once the Secretary makes a foreign policy-based determination of deportability under specific statutory provisions (such as INA § 237), that determination is treated as conclusive evidence in removal proceedings, meaning immigration judges cannot review the underlying foreign policy rationale.*** (Asterisks are mine)