Grounds of Deportability

Section 237 of the Immigration and Nationality Act lists the grounds of deportability, the reasons that foreign nationals, who has already been admitted to the United States, can be removed from the country. These grounds are distinct from inadmissibility, which applies to individuals seeking initial admission.

For certain grounds of deportability, a waiver based on extreme hardship is available through the I-601 process, or through I-212 waiver process.

Inadmissible at Time of Entry or Adjustment of Status; Violation of Status

1. Inadmissible aliens: Any alien who, at the time of entry or adjustment of status, fell under one or more of the classes of aliens inadmissible under the law at that time. For example, if an individual entered the U.S. without a valid visa or misrepresented facts to gain entry, they could be deportable. 
2. Present in violation of law: Any alien present in the U.S. in violation of immigration laws or any other U.S. law, or whose nonimmigrant visa or entry documentation has been revoked. For instance, someone who overstays their permitted time in the U.S. on a visa. 
3. Violated nonimmigrant status or condition of entry: An alien admitted as a nonimmigrant who fails to maintain that status or comply with its conditions. An example is a student who drops out of school but remains in the U.S. on a student visa. 
4. Termination of conditional permanent residence: Applies to aliens who obtained permanent resident status on a conditional basis (e.g., through marriage or certain investments) and whose conditions are not removed. 
5. Smuggling: Aliens who knowingly encouraged, induced, assisted, abetted, or aided another alien to enter or try to enter the U.S. unlawfully (with some exceptions for family reunification and waivers).
6. Marriage Fraud:

• Procuring a visa or other documentation through a marriage entered into less than two years prior to admission, which is judicially annulled or terminated within two years after entry for any reason, unless the alien can show the marriage was entered in good faith. 
• Failing or refusing to fulfill the marital agreement if the Attorney General is satisfied it was made to procure the alien’s admission.

Criminal Offenses

1. Crimes of moral turpitude (CIMT): 

• One CIMT committed within five years (or ten years for those obtaining LPR status under a specific provision) after admission, for which a sentence of one year or longer may be imposed. Examples of CIMTs often involve fraud, theft, or intentional harm.
• Two or more CIMTs at any time after admission, not arising from a single scheme of criminal misconduct.

1. Aggravated felony: Conviction of an aggravated felony at any time after admission. This is a broad category including many serious crimes such as murder, drug trafficking, and certain theft or fraud offenses with significant loss. 
2. Controlled substances: Conviction for violating (or conspiring or attempting to violate) any law relating to a controlled substance (except a single offense of simple possession of 30 grams or less of marijuana). Also, being a drug abuser or addict at any time after admission. 
3. Certain firearm offenses: Conviction under any law of purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying certain weapons or firearms. 
4. Miscellaneous crimes: Includes convictions for espionage, sabotage, treason, violating the Military Selective Service Act, or the Trading With the Enemy Act under specific conditions. 
5. Domestic violence, stalking, and child abuse: Conviction at any time after admission of a crime of domestic violence, stalking, child abuse, neglect, or abandonment. Also includes violating certain protection orders. 
6. Failure to register as a sex offender: Conviction under 18 U.S.C. § 2250. 
7. High-speed flight from an immigration checkpoint: Conviction under 18 U.S.C. § 758.

Failure to Register and Falsification of Documents

1. Failure to change address.
2. Conviction under specific sections related to alien registration or the Foreign Agents Registration Act. 
3. Conviction for violating or conspiring to violate 18 U.S.C. § 1546 (fraud and misuse of visas, permits, etc.). 
4. Being subject to a final order for violating 8 U.S.C. § 1324c (document fraud) (with a waiver possibility for LPRs in certain family-related cases). 
5. Falsely representing oneself as a U.S. citizen for any benefit under immigration law or other federal or state law.

Security and Related Grounds

1. Engaging in terrorist activities. 
2. Endangering public safety or national security. 
3. Participating in Nazi persecution, genocide, or the commission of torture or extrajudicial killings. 
4. Participating in severe violations of religious freedom. 
5. Recruitment or use of child soldiers.

Public Charge

1. Becoming a public charge within five years after entry, from causes not affirmatively shown to have arisen after entry.

Unlawful Voters

1. Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation.