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What makes a noncitizen inadmissible or deportable?

By June 5, 2020March 16th, 2021Family Immigration, Immigration
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Inadmissibility

The concept of inadmissibility is a legal concept created by immigration law that describes the process of a noncitizen attempting entry or admission into the United States under some sort of legal status. Admission can be either or both a request to be physically admitted from outside the United States into the United States under some status or a change from no status or temporary status to legal permanent resident status. Regardless of the type of admission attempted by the noncitizen, the noncitizen must prove that the noncitizen has not committed some sort of immigration violation or not been convicted of a criminal act that disqualifies the noncitizen from seeking admission. A noncitizen disqualified from seeking admission is known as the noncitizen being inadmissible. Depending on the violation, there could be automatic waivers, or waivers the noncitizen can apply for to forgive the violation and allow the noncitizen to be admitted into the United States or to be admitted under some status to be present in the United States. Click here for a discussion of potential waivers available to noncitizen that are considered to be inadmissible.

Deportability

This legal concept is also created by immigration law that describes the process where a noncitizen is present within the United States under some sort of legal status including a legal permanent resident that has committed a violation of an immigration law or has been convicted of a criminal offense that under immigration laws allows the United States government to place the noncitizen into a process known as a removal proceeding where an immigration judge is tasked to order the removal of the noncitizen from the United States or to determine whether the noncitizen qualifies for and deserves relief from removal. If immigration laws don’t allow the noncitizen to seek relief from removal or the Immigration Judge does not believe the noncitizen deserves relief, the Judge must order that the noncitizen’s status be terminated and that the noncitizen be removed from the United States. Some of the forms of relief from removal include Cancellation of Removal for certain legal permanent residents, Asylum related relief or certain waivers that can waive or forgive certain immigration violations.

See all of the posts in this series:

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