Inadmissibility and Deportability
When a person attempts to enter the United States, he or she may be denied entry because they are found “inadmissible”. This means that there is something about them that allows the government to deny them entry to the United States. Inadmissibility grounds include:
- Mental health issues or communicable diseases
- Criminal convictions
- Past terrorist activity or the consular officer has reasonable grounds to believe individual is a threat to national security
- Individual is likely to become a public charge (rely on public assistance)
- Past illegal entries to the United States
- Past visa overstays
- Unavailability of documents like passport or birth certificate
- Past deportations or removal
If you have illegally entered the United States you may be subject to a barred from legally re-entering the United States for a period of time. A person will be barred from returning to the United States for:
- 3 years if they leave the United States after having been here illegally for more than 180 days but less than 1 full year. They must depart before they are placed in removal proceedings
- 10 years if they leave the United States after being here illegally for one year or more during a single stay. This applies whether the person leaves the United States before removal proceedings or after
- Permanently if the person has been here illegally for an aggregate period of more than one year and re-enters the country after leaving
Admissibility is a serious issue and trying to enter the United States without understanding how inadmissibility grounds could impact your case will have far-reaching consequences for you and your family members. The rules for inadmissibility are complex and difficult to understand.
If you think you may be inadmissible or need information about brining a family member to the United States that has had trouble entering the country in the past, contact our Nashville Immigration attorney for a consultation.Deportability
When you have obtained a visa or a green card, you have the right to be in the United States. But to avoid losing those rights, you must follow certain rules, or any guidelines for your particular visa. If you violate these rules, you may be deported or returned to your home country.
There are many ways different grounds for deportation, so it is important for anyone living in the United States to know what they are and how to avoid them. They include, but are not limited to:
- Gaining legal status in the United States by fraud or misrepresentation
- Terrorist activity
- Being convicted of certain crimes
- False claims to U.S. citizenship
- Being admissible when you entered the United States
- Voting in any election
- Becoming a public charge within 5 years of entry
- Providing false information to immigration authorities or fraudulently using visas, permits, or any other documents
- Participation in human trafficking
- Violations of an order of protection
- Convictions for domestic violence
- Failure to register as a sex offender
- Conviction of an aggravated felony
- Violate the terms of your visa (illegal work, overstaying your visa)
If you become deportable, you will probably be issued a Notice to Appear in Immigration Court. If that happens, you will need an attorney to assist you through this process. You must also be sure that you attend all court dates as ordered to avoid deportation in absentia.
Everyone who is not a United States citizen can be deported. It is important that if you have a green card and intend to remain in the United States permanently, that you begin the process to gain citizenship as soon as possible.
Taking steps to correct immigration problems you have is better done sooner rather than later. Don’t wait to get help until it’s too late. If you need immigration help, or if you are deportable, and have been issued a summons to appear in immigration court, call our Middle Tennessee Immigration lawyer at (615) 475-7041.