INADMISSIBILITY AND REMOVAL

INADMISSIBILITY:

HEALTH REASON  those who have contagious

disease (tuberculosis, syphilis,
river blindness, etc.)
 those who failed to receive
vaccinations (including COVID-
19)
 those with harmful
physical/mental disorder
 drug abusers/addicts

PLUBLIC CHARGE A public charge is a person who is

primarily dependent on the government
for support.
Whether or not a person is likely to
become a public charge is determined by
examining several factors. At a
minimum, the factors that must be
considered are health, family status, age,
assets, employment history, and
education.

CRIMINAL REASONS Admission or convictional of certain

crimes such as:
 Crimes involving "moral
turpitude" (CIMTs) - very
vague and unclear legal definition
that can include fraud, theft,
intentional assault, statutory rape,
etc.
 Multiple Criminal Convictions -
with the aggregate sentence of 5
 years or more, or multiple minor
crime with long sentences, even if
the sentence is deferred or
dismissed.
 Drugs - this includes violations of
any controlled substance law and
drug trafficking

IMMIGRATION VIOLATIONS  Staying in the US for more than 6

months without authorization
(also known as unlawful
presence)
 Entering without “inspection”
(entering the country by evading
officers, sneaking across the
border, hiding in a truck/car/train,
etc.)
 Entering illegally after having
committed crimes, been deported
or having lived her for more than
a year without authorization

FRAUD OR Any person who seeks admission to the

MISREPRESENTATION United States, a visa or other
immigration travel or entry document, or
any immigration benefit by fraud or
willfully misrepresenting a material fact
is inadmissible.
 Presenting a counterfeit visa to a
border officer
 Pretending to be in a “real”
marriage with a US citizen or
permanent resident
 Lying about marital status,
residential address, identity, etc.
in an application
 Claiming to be a US citizen (to
enter the US, work, vote, etc.)

MISCELLANEOUS 1. The following are other grounds

of inadmissibility:
 2. Persons who entered the country
illegally (without being inspected
and admitted or paroled)
3. Persons who failed to attend
immigration and/or removal
hearings
4. Smugglers
5. Student visa abusers
6. Former U.S. citizens who
renounced citizenship to avoid
taxation
7. Practicing polygamists
8. Unlawful voters
9. International child abductors and
relatives of such abductors

DEPORTATION (REMOVAL)

IMMIGRATION An immigrant who is in the U.S.

unlawfully can be deported without a
VIOLATIONS hearing, often by expedited removal in
as little as 24 hours after being picked up
by U.S. Immigration and Customs
Enforcement (“ICE”) officers. An
immigrant is in the U.S. unlawfully if:
 Present in violation of the law
 Someone who was allowed to
enter or get a visa, but who really
should have been denied for
inadmissibility reasons
 Smuggling—bringing people to
the US without documents;
encouraging or financing trips

FRAUD  Fraudulent marriage in order to

obtain a green card
 Falsely representing U.S.
citizenship in order to obtain a job
or government benefit; or
  Forging, altering, or using an
altered document to obtain any
government assistance or benefit

CRIMINAL REASONS  Similar to inadmissibility

 Aggravated felonies
o No necessarily
“aggravated,” which
usually means committed
with a weapon
o Not necessarily “felonies,”
which usually means a
crime punishable by a year
or more in jail
o Murder, rape, sex assault
on a child
o Thefts and frauds of over
$10,000
o Firearms/explosive
convictions
o Crimes of Violence—a
type of crime that involves
the use or likelihood of a
violent force
o Owning an illegal
prostitution business
o Bribery
o Tax evasion

DRUGS Non U.S.-citizens who are convicted of a

drug crime or addicted to a controlled
substance are deportable.
DOMESTIC VIOLENCE 1. Stalking
2. Violating certain parts of a
protection order
 REMOVAL PROCEEDING
IMMIGRATION AND CUSTUMS ENFORCEMENT (ICE) HAS THE AUTHORYTHY
TO INITIATE REMOVAL PROCEEDINGS WHEB THERE ARE GROUND FOR
REMOVING A NON-CITIZEN FROM THE US

DEPORTATION DEFENSE

CANCELATION OF REMOVAL

VAWA certain domestic violence victims who’ve

been in the US for more than three years

NON-PERMANENT Certain people who have been here for more

RESIDENT AKA 10 YEAR than 10 years and whose US citizen or
permanent resident spouse, minor child or
CANCELLATION parent would face extreme and exceptional
hardship if residence isn’t granted

PERMANENT RESIDENT Permanent residents who have been here for

AKA 7 YEAR seven years, at least 5 of which with
permanent residence who do not have an
CANCELLATION aggravated felony conviction and merit the
favorable exercise of discretion

DACA ( DEFERRED ACTIION FOR

CHILDHOOD ARRIVALS)
 WERE UNDER 31 AS OF JUNE 15, 2012 (THAT IS, YOU WERE BORN ON OR
AFTER JUNE 16, 1981.

 CAME TO THE US WHEN YOU WERE UNDER 16

  ARE IN SCHOOL DIPLOMA
 NO CRIMINAL RECORD

REMOVAL HEARING
NON- CITIZENS WHOM THE US GOVERNMENT SEEKS TO REMOVE FROM THE
U.S GENERALLY CAN CHALLENGE THEIR REMOVAL AT A HEARING WHETJER
THEY WERE ADMITTED LAWFULLY OR ARE PRESENT IN THE U.S. WITHOUT
HAVING BEEM LAWFULLY ADMITTED.

PARTS IN A REMOCAL HEARING

1. JUDGE
2. DEPARMENT OF JUSTICE
3. ICE PROSECUTOR
4. COUNSEL FOR THE NON-CITIZEN
5. INTERPRETER IF NEEDED

TYPES OF DISCRETIONARY RELIEF

VOLUNTARY DEPARTURE: The non-citizen agrees to leave the US voluntary rather

than being forcibly removes.

CANCELLATION OF REMOVAL: the gov ceases removal proceeding against the

non-citizen.

If USCIS granted your application for Suspension of deportation or special rule

cancellation of removal (FORM I-881) you should receive your permanent resident card
automatically.

SECTION 212© RELIEF: Stops removal proceedings against non-citizents permanent

residents present in the US for at least 7 years who have been placed in removal
proceeding because they were convicted of a crime.

ADJUSTMENT OF STATUS TO LAWFUL PERMANENT RESIDENT:

Avaliable if an immigrant visa is immediately available at the time the application is field
and the non-citizen is admissible.
ASYLUM- Stops removal proceeding if the no-citizen has a “credible fear” of
persecution if the were to be returned to the nation they came from.
(political, religion, race, nationality, ect)

RESTRICTION OF REMOVAL: Removal proceeding are mandatory stopped and

further prohibited if the non citizen’s life or freedom would be threatened in their countru
because of the non-citizens race, religion, nationality, membership in a particular social
grouo, or political opinion.

TEMPORARILY PROTECTED STATUS

The Non-citizen can stay in the US and be protected against removal until is safe to
return to their country after civil upheaval or a natural disaster in their country. That
needs that the gov designate the country for protection, the person was un the US Prior to
such designation ans they don’t have more then three minor conviction or violation or
other disqualifications conflicts.

APPEALS
If an immigration judge rules in favor of removal at the hearing a non-citizen can appeal,
move to reopen or reconsider the decision.

If the motion to reconsider fails, an immigration judge’s decision can be appealed to the
board of Immigration Appeals, whose members are appointed by the U.S Attoney
General, who is the Head of the US Department of Justice.