Foreign nationals in the United States can be removed (deported) for a number of offenses.
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Offenses that may lead to deportation include:
- Crimes involving moral turpitude (8 USC 1227(a)(2)(A)(i))
To result in removal, the individual must have committed two crimes involving moral turpitude, or must have committed a single crime within five years of admission for which the maximum sentence is one year or longer. - Aggravated felonies (8 USC 1227(a)(2)(A)(iii))
The definition of “aggravated felony” is extremely complex, and varies depending on the location of the immigration court processing the deportation. It includes violent crimes such as murder and rape, certain controlled substance violations, and certain white-collar crimes such as fraud. - Human smuggling (8 USC 1227(a)(1)(E))
- Marriage fraud (8 USC 1227(a)(1)(F))
- Failure to register as a sex offender (8 USC 1227(a)(2)(A)(v))
- Controlled substance violations (8 USC 1227(a)(2)(B))
- Firearm offenses (8 USC 1227(a)(2)(C))
- Domestic violence, stalking, child abuse, and violation of protective orders (8 USC 1227(a)(2)(E))
- Immigration related violations (8 USC 1227(a)(3))
- National security related violations (8 USC 1227(a)(4))
- Unlawful voting (8 USC 1227(a)(6))
Certain criminal history makes a person inadmissible, but not removable; in other words, a person may be able to stay in the United States on their current status after committing a crime, but may need a waiver to return to the United States after they leave. For example, a person convicted of a single crime involving moral turpitude more than five years after admission would fall in this category.
Green card holders may request cancellation of removal if they have lived in the United States for seven continuous years, have been a lawful permanent resident for five years, and have not been convicted of an aggravated felony. In this case, they must show an immigration judge that the positive factors of their character and history outweigh the negative factors.
Individuals who do not hold a green card may request cancellation of removal in very limited cases. They may also be able to obtain a family-based green card while in removal proceedings if they are an immediate relative of a US citizen or green card holder.
An individual facing removal may also challenge their removal on grounds related to their security in their home country. Political asylum is available in cases of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. In cases where that persecution is likely to threaten the individual’s life or freedom, they may obtain withholding of removal so that they may stay in the United States.
Finally, a person who is unable to challenge their removal may be able to request voluntary departure, which requires the individual to leave the United States, but does not count as a deportation and may preserve the possibility of returning to the United States in the future.