Inadmissibility – Deportation and Removal

An alien against whom the Immigration Court has initiated removal proceedings may be charged with any applicable ground of inadmissibility or deportability.

NJ Immigration Lawyer Marc Feldman defends against Deportation and Removal in Immigration Court.  He helps to cancel removal & to adjust status.

The Immigration and Nationality Act (INA) specifies the following classes of inadmissible aliens, i.e., aliens ineligible to receive visas and ineligible to be admitted to the United States:

  1. Aliens inadmissible on health grounds (e.g., a serious communicable disease; or drug abuse).
  2. Aliens inadmissible on criminal grounds (e.g., illegal drug trafficking; prostitution and other commercialized vice; or money laundering).
  3. Aliens inadmissible on security grounds (e.g., espionage; terrorist activities; or membership in the Communist or any other totalitarian party).
  4. Aliens inadmissible on public charge grounds, i.e., the consular officer’s or the Attorney General’s opinion that the alien is likely to become a public charge.
  5. Aliens inadmissible on labor certification and qualifications grounds.
  6. Illegal entrants and immigration violators.
  7. Aliens without the required entry documents.
  8. Aliens permanently ineligible for citizenship and draft evaders.
  9. Aliens previously removed.
  10. Aliens inadmissible on miscellaneous grounds (e.g., polygamy; helplessness from disease or disability; international child abduction; unlawful voting; or denouncing citizenship to avoid taxation). The INA also specifies classes of deportable aliens:
  11. Aliens who are inadmissible at the time of entry or of adjustment of status or who have violated their status (e.g., those whose conditional permanent resident status has been terminated; or those involved in smuggling of another alien or in marriage fraud).
  12. Aliens who have committed a criminal offense (e.g., willful tax evasion; fraud; theft; counterfeiting; prostitution; child abuse; unlawful drug possession; or unlawful possession of a firearm).
  13. Aliens who failed to register, falsified documents, or have falsely claimed citizenship.
  14. Aliens engaged in activities that pose security concerns.
  15. Aliens who have become a public charge.
  16. Unlawful voters.

Relief from Deportation/Removal

A person who has been determined to be an inadmissible or deportable alien may be eligible for relief from removal, i.e., may be granted the permission to stay in the United States by the Immigration Court, provided that certain conditions are met. The most common forms of relief are:

  1. Cancellation of Removal for Lawful Permanent Residents & Non-Permanent Residents;
  2. Asylum, Withholding of Removal & Relief under the Convention against Torture (CAT);
  3. Adjustment of Status (AOS);
  4. Voluntary Departure.

Contact immigration lawyer Marc P. Feldman through this Web site to schedule a consultation on immigration and naturalization laws pertaining to Immigration Court matters.

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