Key Issues in Removal Proceedings:
Grounds of Inadmissibility and Deportability
Grounds of inadmissibility provide various reasons why a person may be denied admission into the U.S. or be removed from the country. Grounds of Deportability are reasons by which a person can be removed from the county. Some of the grounds of inadmissibility include health related grounds, such as having a communicable disease or certain mental/physical disorders.
Some other grounds of deportability which exist against persons already admitted to the U.S. include among others, persons who have committed specific crimes including domestic violence and certain drug related crimes, persons violating their non-immigrant visa status, persons who enter into fraudulent marriages for immigration purposes and falsification of documents.
In terms of deportation, aggravated felony crimes have extremely harsh immigration consequences. For example a person convicted of any offense related to controlled substances will be deemed deportable. This area of the law is very technical and an immigration professional should be consulted to understand specific situations and conduct adequate analysis. Feel free to contact us directly to set up a consultation.
Was I ever “admitted” to the U.S.?
The regulatory language considers a person admitted to the U.S. when they have made a lawful entry into the country after inspection, by a Department of Homeland Security officer.
Accordingly, if you entered the U.S. without being inspected at the border, you were never “admitted” for immigration purposes. An example of a person who would be in the U.S. but deemed never to be admitted would include someone who falsely claimed that they were U.S. citizens at the border in order to gain access to entry.
Why does it matter whether I was admitted?
The reason admission is a crucial inquiry in removal proceedings is that when a person was admitted, then the burden of proof at removal proceedings are placed on the Department of Homeland Security to show that the person who was admitted falls under one of the grounds of deportability. On the other hand, a person who was never admitted into the county, e.g. entered by crossing the border without being inspected by an immigration officer, have the burden placed on them to show that they do not fall within one of the grounds of inadmissibility.
Lawful Permanent Residents and Admission Problems
Even lawful permanent residents (LPR’s) must be careful as to the manner in which they enter the country. Although not the general rule, there are certain cases in which an LPR is deemed to be seeking admission to the U.S. when returning from a foreign trip. One such example includes LPR’s who have been outside the U.S. for a continuous period of more than 180 days. Accordingly it is important to be well informed about the immigration requirements even when one is an LPR. |
