10 Common Reasons for Removal from the United States

Every year, thousands of noncitizens come to the United States to live, work, and study. While many maintain legal status and go on to lead productive lives in the country, others may find themselves in removal proceedings, facing the possibility of deportation or removal.

There are numerous grounds under U.S. immigration law that can lead to a noncitizen being removed from the country. In this article, we’ll walk you through 10 of the most common legal reasons for removal.

1. Criminal Convictions Can Lead to Deportation

One of the most common reasons noncitizens face removal is due to criminal convictions. Many crimes, from serious felonies to seemingly minor offenses, can render a foreign national deportable under the Immigration and Nationality Act (INA).

Aggravated Felonies Are a Major Trigger

Aggravated felonies are a special class of serious crimes defined under immigration law. Conviction of an aggravated felony leads to almost certain removal, with very limited options for relief.

Crimes in this category include murder, rape, sexual abuse of a minor, drug trafficking, firearms trafficking, money laundering, fraud or tax evasion, and theft or violent crime with a sentence of at least one year, among others.

Crimes Involving Moral Turpitude

Crimes involving moral turpitude (CIMT) are another category of offenses that can make a foreign national removable. These are generally crimes that involve fraud, larceny, or intent to harm persons or things.

Examples include forgery, prostitution, domestic violence, and burglary. A non-citizen may be deportable if they commit a CIMT within five years of admission to the U.S., and the crime is punishable by a year or more in prison, or if they commit two or more CIMTs at any time after admission.

Controlled Substance Offenses

Almost any drug crime, apart from a single offense for simple possession of 30 grams or less of marijuana, can lead to removal. This includes drug trafficking, drug abuse, and addiction.

What’s important to understand is that even state-level misdemeanors that wouldn’t necessarily count as felonies under criminal law can still make a noncitizen deportable under the INA. If you’ve been arrested or convicted of a crime, consult with our immigration attorneys to understand the potential consequences for your status.

2. Violating the Terms of Your Visa or Green Card

All visas and green cards come with certain conditions that the holder must abide by. Failing to comply with these terms can lead to removal.

Overstaying a Visa

Each visa has a specific validity period. Staying even one day beyond the expiration date without obtaining an extension or changing status renders a noncitizen”out of status” and potentially subject to removal. There are some limited exceptions, but in general, it’s crucial to be diligent about maintaining your status.

Working Without Authorization

Most visas only allow a noncitizen to engage in specific, authorized activities. For many visas, such as B-1/B-2 visitor visas, any employment is strictly prohibited. Working without authorization is a serious violation that can lead not only to removal, but also make it very difficult to obtain any future U.S. immigration benefits.

Failing to Maintain Permanent Residence

Green card holders can lose their permanent resident status and become deportable if they fail to maintain residence in the U.S. Absences of over 6 months can trigger scrutiny, and absences of over a year generally lead to a determination of abandonment of residence. Green card holders must also file U.S. tax returns as residents. Failing to do so can jeopardize your status.

3. Helping Others Enter the Country Illegally

Assisting another person to enter or remain in the U.S. unlawfully is a serious offense under immigration law. This can include anything from paying for someone’s smuggling to providing false information to immigration authorities to helping someone obtain a fraudulent visa.

Even if the noncitizen has legal status themselves, engaging in such activities can lead to their own removal.

4. Falsely Claiming to Be a U.S. Citizen

Knowingly misrepresenting oneself as a U.S. citizen for any purpose or benefit under the INA or any other federal or state law can lead to removal. This includes false claims made to obtain employment or government benefits or even registering to vote. In some cases, even mistakenly representing oneself as a U.S. citizen can have serious consequences.

5. Engaging in Marriage Fraud

Entering into a marriage solely for the purpose of obtaining a green card is a serious offense. If U.S. Citizenship and Immigration Services (USCIS) determines that a marriage is fraudulent, the noncitizen spouse will face removal and be permanently barred from obtaining any future U.S. immigration benefits. The U.S. citizen or permanent resident spouse may also face criminal charges.

Certain factors that may trigger suspicion that a marriage was entered into primarily for immigration purposes include large age disparities, minimal shared language, or a lack of cohabitation. If seeking a green card through marriage, it’s essential to consult with an immigration attorney to ensure your relationship meets all legal criteria.

6. Failing to Advise USCIS of an Address Change

All foreign nationals in the U.S., including green card holders, must notify USCIS within 10 days of moving by filing Form AR-11, Change of Address. Failure to do so is a misdemeanor and can negatively impact your immigration case. In some circumstances, it can even lead to removal, especially if USCIS or an immigration court sends important notices to your old address that you don’t receive.

7. Committing Domestic Violence or Violating a Protective Order

Under the Immigration and Nationality Act (INA)., domestic violence, stalking, child abuse and neglect, and violating a protective order are all deportable offenses. A finding of domestic violence can be grounds for deportation even if it doesn’t lead to a criminal conviction. Noncitizens who are victims of domestic violence may be eligible for special protections under the Violence Against Women Act (VAWA) but should seek legal counsel as soon as possible.

8. Engaging in Espionage, Sabotage, or Terrorism

Engaging in activities that undermine U.S. national security, such as espionage, sabotage, or terrorist activities, leads to removal under the INA. This may include engaging in such activities at any time after entry, even if decades later.

9. Becoming a Public Charge

A foreign national who becomes a “public charge,” i.e., primarily dependent on the government for subsistence, can become deportable. This could include the receipt of certain public benefits, the individual’s age, health, family status, assets, resources, financial status, education, and skills.

It’s important to note that there are many exceptions and nuances to this ground of deportability, and not all public benefits are considered. If you have concerns about whether receiving public assistance could impact your immigration status, it’s best to consult with our immigration attorney, who can assess your specific situation.

10. Voting Unlawfully in an Election

Voting in a federal, state, or local election when one is not a U.S. citizen is a deportable offense. This is true even if the unlawful voting was unintentional, such as if an individual mistakenly believed they were eligible. Non-citizens should be extremely cautious to avoid any situation that could be construed as attempting to vote.

Concerned About Your Immigration Status? Contact the Law Office of Lina Baroudi Today

Removal proceedings are very serious matters that can have life-altering consequences. While this article covers some of the most common reasons a foreign national may face removal, it is by no means an exhaustive list. U.S. immigration law is incredibly complex, and even seemingly minor violations can jeopardize your status.

If you have any concerns about your immigration situation, the best course of action is to consult with a qualified and experienced immigration attorney. At the Law Office of Lina Baroudi, we have a thorough understanding of the U.S. immigration system and are dedicated to helping our clients navigate this complex landscape.

Whether you’re seeking to maintain your current status, adjust your status, or fight deportation, we’re here to provide the guidance and advocacy you need. Contact us today for a consultation to discuss your case.