Inadmissibility and Deportability

Inadmissibility vs. Deportability

General Grounds of Inadmissibility

• Health
• Criminal Reasons
• National Security
• Public Charge
• Lack of Labor Certification
• Fraud or Misrepresentation
• Prior Removals/Unlawful presence
• Miscellaneous

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Exodus Refugee The Life Ahead

Health Ground of Inadmissibility

• Those who have a disease of public significance
• Infectious Leprosy
• Gonnorhea
• Tuberculosis
• Not maintained vaccination status
• Includes Covid and Flu vaccine
• Physical and/or Mental disorder that is a threat to others
• Drug Abusers or Drug Addicts

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Criminal Ground of Inadmissibility

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• Crimes involving “moral turpitude”
• Fraud Crimes
• Crimes where there is an intent to cause or threaten great bodily harm
• Felonies and misdemeanors in which “malice” is an element
• Violation of any controlled substance
• Multiple criminal convictions
• Drug trafficking
• Prostitution
• Human trafficking, etc

Petty Offense Exception

• It’s the first time the person committed a CIMT (no conviction required)
• The max possible sentence is one year or less

AND

• Sentence imposed in the person’s case was 6 months or less

Youthful Offender Exception

• Committed only one offense before the age of 18 and it happened 5 years before the current application

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National Security Ground of Inadmissibility

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• Any person labeled by the US Government threat to national security
• Any person labeled by the US Government as a terrorist
• Any person labeled by the US Government as a member of a totalitarian party
• Any person who has participated in Nazi persecution

Public Charge of Inadmissibility AND

Lack of Labor Certification

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• “A person is inadmissible if he or she is likely to become a public charge. A public charge is a person who is primarily dependent on the government for subsistence.”

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• Working without permission

Fraud or Misrepresentation Ground of Inadmissibility

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• Any person who seeks admission to the United States, a visa or other immigration travel or entry document, or any immigration benefit by mispresenting a material fact.

Prior Removals and Unlawful Presence Ground of Inadmissibility

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• 3 year bar
• 10 year bar
• Permanent Bar

Miscellaneous Grounds

of Inadmissibility

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• Person who enter without inspection
• Failure to attend removal hearings
• Smugglers
• Polygamists (who are practicing)
• International Child Abductors

Grounds of Deportability

• 237a1A – incorporates the grounds of inadmissibility
• Looks at the law at the time of entry rather than at the time of a removal hearing
• Present in violation of law
• Violated non-immigrant status
• Even when falling out of status is outside of their control
• Violation of Condition of Entry
• If on a marriage based visa and found to have committed marriage fraud
• Failure to Register and falsification of documents
• Public charge
• Alien Smuggling
• Miscellaneous grounds
• Criminal grounds

Miscellaneous Grounds

• False claim to US Citizenship
• Unlawful Voting
• National Security and Terrorist

Criminal Grounds

• The government bears the burden by clear and convincing evidence
• Needs a conviction
• Conviction vacated for legal error does not count
• Infractions are not convictions for crimes

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CIMTs

• Scenario A
• is convicted of a crime involving moral turpitude committed within five years after the date of admission, and
• is convicted of a crime for which a sentence of one year or longer may be imposed
• Scenario B
• Any alien who at any time after admission is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of whether confined therefor and regardless of whether the convictions were in a single trial, is deportable.
• Scenario C
• Any alien who is convicted of an aggravated felony at any time after admission is deportable.

Additional Issues during Current Administration

• Updates to the Policy Manual
• Anti-American activity
• Anti-Semitic Activity
• Increased monitoring of social media activities
• “USCIS has expanded the types of benefit requests that receive social media vetting, and reviews for anti-American activity will be added to that vetting. Anti-American activity will be an overwhelmingly negative factor in any discretionary analysis.”

Current Enforcement & Adjudication Trends

• Heightened scrutiny throughout the immigration benefit process.
• Increased fraud detection and national security screening.
• More Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs), and interviews.
• Greater review of publicly available information where authorized by policy.
• Representatives should expect closer review of credibility and documentation.

Discretion in Family-Based Cases

• Immediate relative petitions continue to require proof of the qualifying relationship, while related benefit requests may involve broader discretionary review.
• Officers evaluate credibility, consistency, prior immigration history, criminal history, and fraud indicators.
• Present a complete record addressing favorable equities and potential concerns.

Approved I-130s and Removal Proceedings

• Approval of Form I-130 establishes a qualifying relationship but does not confer lawful status.
• An approved petition does not, by itself, prevent removal proceedings.
• Analyze removability and eligibility for relief separately.

Best Practices for DOJ Representatives

• Identify inadmissibility issues before filing.
• Obtain certified criminal records where applicable.
• Address inconsistencies proactively.
• Prepare clients for interviews and possible RFEs/NOIDs.
• Build a complete administrative record.

Any Questions?