Immigrant Deportability

The most obvious basis for the immigration authorities to remove a non-citizen from the United States is that the person has no right to be here in the first place, perhaps having entered without inspection or overstayed a visa. But even people who have green cards or valid nonimmigrant visas can be removed, if they fall into one of the grounds of deportability found in the U.S. immigration laws.

These grounds are found in Section 235 of the Immigration and Nationality Act (I.N.A.). They are lengthy and complicated, covering such issues as crimes, violating the conditions of one’s stay, and becoming a public charge. Such issues most often come to the attention of the immigration authorities because the person has been arrested, left the U.S. and attempted to return, or applied for naturalization or a renewed green card.

If the immigration authorities believe that someone has become deportable, they will, in most circumstances, place the person in removal proceedings in immigration court. They may also, depending on the ground of deportability and whether the person is a flight risk, place him or her into immigration detention.