8 U.S.C. § 1227 : US Code - Section 1227: Deportable aliens

Search 8 U.S.C. § 1227 : US Code - Section 1227: Deportable aliens

    (a) Classes of deportable aliens
      Any alien (including an alien crewman) in and admitted to the
    United States shall, upon the order of the Attorney General, be
    removed if the alien is within one or more of the following classes
    of deportable aliens:
      (1) Inadmissible at time of entry or of adjustment of status or
        violates status
        (A) Inadmissible aliens
          Any alien who at the time of entry or adjustment of status
        was within one or more of the classes of aliens inadmissible by
        the law existing at such time is deportable.
        (B) Present in violation of law
          Any alien who is present in the United States in violation of
        this chapter or any other law of the United States, or whose
        nonimmigrant visa (or other documentation authorizing admission
        into the United States as a nonimmigrant) has been revoked
        under section 1201(i) of this title, is deportable.
        (C) Violated nonimmigrant status or condition of entry
          (i) Nonimmigrant status violators
            Any alien who was admitted as a nonimmigrant and who has
          failed to maintain the nonimmigrant status in which the alien
          was admitted or to which it was changed under section 1258 of
          this title, or to comply with the conditions of any such
          status, is deportable.
          (ii) Violators of conditions of entry
            Any alien whom the Secretary of Health and Human Services
          certifies has failed to comply with terms, conditions, and
          controls that were imposed under section 1182(g) of this
          title is deportable.
        (D) Termination of conditional permanent residence
          (i) In general
            Any alien with permanent resident status on a conditional
          basis under section 1186a of this title (relating to
          conditional permanent resident status for certain alien
          spouses and sons and daughters) or under section 1186b of
          this title (relating to conditional permanent resident status
          for certain alien entrepreneurs, spouses, and children) who
          has had such status terminated under such respective section
          is deportable.
          (ii) Exception
            Clause (i) shall not apply in the cases described in
          section 1186a(c)(4) of this title (relating to certain
          hardship waivers).
        (E) Smuggling
          (i) In general
            Any alien who (prior to the date of entry, at the time of
          any entry, or within 5 years of the date of any entry)
          knowingly has encouraged, induced, assisted, abetted, or
          aided any other alien to enter or to try to enter the United
          States in violation of law is deportable.
          (ii) Special rule in the case of family reunification
            Clause (i) shall not apply in the case of alien who is an
          eligible immigrant (as defined in section 301(b)(1) of the
          Immigration Act of 1990), was physically present in the
          United States on May 5, 1988, and is seeking admission as an
          immediate relative or under section 1153(a)(2) of this title
          (including under section 112 of the Immigration Act of 1990)
          or benefits under section 301(a) of the Immigration Act of
          1990 if the alien, before May 5, 1988, has encouraged,
          induced, assisted, abetted, or aided only the alien's spouse,
          parent, son, or daughter (and no other individual) to enter
          the United States in violation of law.
          (iii) Waiver authorized
            The Attorney General may, in his discretion for
          humanitarian purposes, to assure family unity, or when it is
          otherwise in the public interest, waive application of clause
          (i) in the case of any alien lawfully admitted for permanent
          residence if the alien has encouraged, induced, assisted,
          abetted, or aided only an individual who at the time of the
          offense was the alien's spouse, parent, son, or daughter (and
          no other individual) to enter the United States in violation
          of law.
        (F) Repealed. Pub. L. 104-208, div. C, title VI, Sec.
          671(d)(1)(C), Sept. 30, 1996, 110 Stat. 3009-723
        (G) Marriage fraud
          An alien shall be considered to be deportable as having
        procured a visa or other documentation by fraud (within the
        meaning of section 1182(a)(6)(C)(i) of this title) and to be in
        the United States in violation of this chapter (within the
        meaning of subparagraph (B)) if - 
            (i) the alien obtains any admission into the United States
          with an immigrant visa or other documentation procured on the
          basis of a marriage entered into less than 2 years prior to
          such admission of the alien and which, within 2 years
          subsequent to any admission of the alien in the United
          States, shall be judicially annulled or terminated, unless
          the alien establishes to the satisfaction of the Attorney
          General that such marriage was not contracted for the purpose
          of evading any provisions of the immigration laws, or
            (ii) it appears to the satisfaction of the Attorney General
          that the alien has failed or refused to fulfill the alien's
          marital agreement which in the opinion of the Attorney
          General was made for the purpose of procuring the alien's
          admission as an immigrant.
        (H) Waiver authorized for certain misrepresentations
          The provisions of this paragraph relating to the removal of
        aliens within the United States on the ground that they were
        inadmissible at the time of admission as aliens described in
        section 1182(a)(6)(C)(i) of this title, whether willful or
        innocent, may, in the discretion of the Attorney General, be
        waived for any alien (other than an alien described in
        paragraph (4)(D)) who - 
            (i)(I) is the spouse, parent, son, or daughter of a citizen
          of the United States or of an alien lawfully admitted to the
          United States for permanent residence; and
            (II) was in possession of an immigrant visa or equivalent
          document and was otherwise admissible to the United States at
          the time of such admission except for those grounds of
          inadmissibility specified under paragraphs (5)(A) and (7)(A)
          of section 1182(a) of this title which were a direct result
          of that fraud or misrepresentation.
            (ii) is a VAWA self-petitioner.

        A waiver of removal for fraud or misrepresentation granted
        under this subparagraph shall also operate to waive removal
        based on the grounds of inadmissibility directly resulting from
        such fraud or misrepresentation.
      (2) Criminal offenses
        (A) General crimes
          (i) Crimes of moral turpitude
            Any alien who - 
              (I) is convicted of a crime involving moral turpitude
            committed within five years (or 10 years in the case of an
            alien provided lawful permanent resident status under
            section 1255(j) of this title) after the date of admission,
            and
              (II) is convicted of a crime for which a sentence of one
            year or longer may be imposed,

          is deportable.
          (ii) Multiple criminal convictions
            Any alien who at any time after admission is convicted of
          two or more crimes involving moral turpitude, not arising out
          of a single scheme of criminal misconduct, regardless of
          whether confined therefor and regardless of whether the
          convictions were in a single trial, is deportable.
          (iii) Aggravated felony
            Any alien who is convicted of an aggravated felony at any
          time after admission is deportable.
          (iv) High speed flight
            Any alien who is convicted of a violation of section 758 of
          title 18 (relating to high speed flight from an immigration
          checkpoint) is deportable.
          (v) Failure to register as a sex offender
            Any alien who is convicted under section 2250 of title 18
          is deportable.
          (vi) Waiver authorized
            Clauses (i), (ii), (iii), and (iv) shall not apply in the
          case of an alien with respect to a criminal conviction if the
          alien subsequent to the criminal conviction has been granted
          a full and unconditional pardon by the President of the
          United States or by the Governor of any of the several
          States.
        (B) Controlled substances
          (i) Conviction
            Any alien who at any time after admission has been
          convicted of a violation of (or a conspiracy or attempt to
          violate) any law or regulation of a State, the United States,
          or a foreign country relating to a controlled substance (as
          defined in section 802 of title 21), other than a single
          offense involving possession for one's own use of 30 grams or
          less of marijuana, is deportable.
          (ii) Drug abusers and addicts
            Any alien who is, or at any time after admission has been,
          a drug abuser or addict is deportable.
        (C) Certain firearm offenses
          Any alien who at any time after admission is convicted under
        any law of purchasing, selling, offering for sale, exchanging,
        using, owning, possessing, or carrying, or of attempting or
        conspiring to purchase, sell, offer for sale, exchange, use,
        own, possess, or carry, any weapon, part, or accessory which is
        a firearm or destructive device (as defined in section 921(a)
        of title 18) in violation of any law is deportable.
        (D) Miscellaneous crimes
          Any alien who at any time has been convicted (the judgment on
        such conviction becoming final) of, or has been so convicted of
        a conspiracy or attempt to violate - 
            (i) any offense under chapter 37 (relating to espionage),
          chapter 105 (relating to sabotage), or chapter 115 (relating
          to treason and sedition) of title 18 for which a term of
          imprisonment of five or more years may be imposed;
            (ii) any offense under section 871 or 960 of title 18;
            (iii) a violation of any provision of the Military
          Selective Service Act (50 U.S.C. App. 451 et seq.) or the
          Trading With the Enemy Act (50 U.S.C. App. 1 et seq.); or
            (iv) a violation of section 1185 or 1328 of this title,

        is deportable.
        (E) Crimes of domestic violence, stalking, or violation of
          protection order, crimes against children and
          (i) Domestic violence, stalking, and child abuse
            Any alien who at any time after admission is convicted of a
          crime of domestic violence, a crime of stalking, or a crime
          of child abuse, child neglect, or child abandonment is
          deportable. For purposes of this clause, the term "crime of
          domestic violence" means any crime of violence (as defined in
          section 16 of title 18) against a person committed by a
          current or former spouse of the person, by an individual with
          whom the person shares a child in common, by an individual
          who is cohabiting with or has cohabited with the person as a
          spouse, by an individual similarly situated to a spouse of
          the person under the domestic or family violence laws of the
          jurisdiction where the offense occurs, or by any other
          individual against a person who is protected from that
          individual's acts under the domestic or family violence laws
          of the United States or any State, Indian tribal government,
          or unit of local government.
          (ii) Violators of protection orders
            Any alien who at any time after admission is enjoined under
          a protection order issued by a court and whom the court
          determines has engaged in conduct that violates the portion
          of a protection order that involves protection against
          credible threats of violence, repeated harassment, or bodily
          injury to the person or persons for whom the protection order
          was issued is deportable. For purposes of this clause, the
          term "protection order" means any injunction issued for the
          purpose of preventing violent or threatening acts of domestic
          violence, including temporary or final orders issued by civil
          or criminal courts (other than support or child custody
          orders or provisions) whether obtained by filing an
          independent action or as a pendente lite order in another
          proceeding.
        (F) Trafficking
          Any alien described in section 1182(a)(2)(H) of this title is
        deportable.
      (3) Failure to register and falsification of documents
        (A) Change of address
          An alien who has failed to comply with the provisions of
        section 1305 of this title is deportable, unless the alien
        establishes to the satisfaction of the Attorney General that
        such failure was reasonably excusable or was not willful.
        (B) Failure to register or falsification of documents
          Any alien who at any time has been convicted - 
            (i) under section 1306(c) of this title or under section
          36(c) of the Alien Registration Act, 1940,
            (ii) of a violation of, or an attempt or a conspiracy to
          violate, any provision of the Foreign Agents Registration Act
          of 1938 (22 U.S.C. 611 et seq.), or
            (iii) of a violation of, or an attempt or a conspiracy to
          violate, section 1546 of title 18 (relating to fraud and
          misuse of visas, permits, and other entry documents),

        is deportable.
        (C) Document fraud
          (i) In general
            An alien who is the subject of a final order for violation
          of section 1324c of this title is deportable.
          (ii) Waiver authorized
            The Attorney General may waive clause (i) in the case of an
          alien lawfully admitted for permanent residence if no
          previous civil money penalty was imposed against the alien
          under section 1324c of this title and the offense was
          incurred solely to assist, aid, or support the alien's spouse
          or child (and no other individual). No court shall have
          jurisdiction to review a decision of the Attorney General to
          grant or deny a waiver under this clause.
        (D) Falsely claiming citizenship
          (i) In general
            Any alien who falsely represents, or has falsely
          represented, himself to be a citizen of the United States for
          any purpose or benefit under this chapter (including section
          1324a of this title) or any Federal or State law is
          deportable.
          (ii) Exception
            In the case of an alien making a representation described
          in clause (i), if each natural parent of the alien (or, in
          the case of an adopted alien, each adoptive parent of the
          alien) is or was a citizen (whether by birth or
          naturalization), the alien permanently resided in the United
          States prior to attaining the age of 16, and the alien
          reasonably believed at the time of making such representation
          that he or she was a citizen, the alien shall not be
          considered to be deportable under any provision of this
          subsection based on such representation.
      (4) Security and related grounds
        (A) In general
          Any alien who has engaged, is engaged, or at any time after
        admission engages in - 
            (i) any activity to violate any law of the United States
          relating to espionage or sabotage or to violate or evade any
          law prohibiting the export from the United States of goods,
          technology, or sensitive information,
            (ii) any other criminal activity which endangers public
          safety or national security, or
            (iii) any activity a purpose of which is the opposition to,
          or the control or overthrow of, the Government of the United
          States by force, violence, or other unlawful means,

        is deportable.
        (B) Terrorist activities
          Any alien who is described in subparagraph (B) or (F) of
        section 1182(a)(3) of this title is deportable.
        (C) Foreign policy
          (i) In general
            An alien whose presence or activities in the United States
          the Secretary of State has reasonable ground to believe would
          have potentially serious adverse foreign policy consequences
          for the United States is deportable.
          (ii) Exceptions
            The exceptions described in clauses (ii) and (iii) of
          section 1182(a)(3)(C) of this title shall apply to
          deportability under clause (i) in the same manner as they
          apply to inadmissibility under section 1182(a)(3)(C)(i) of
          this title.
        (D) Participated in Nazi persecution, genocide, or the
          commission of any act of torture or extrajudicial killing
          Any alien described in clause (i), (ii), or (iii) of section
        1182(a)(3)(E) of this title is deportable.
        (E) Participated in the commission of severe violations of
          religious freedom
          Any alien described in section 1182(a)(2)(G) of this title is
        deportable.
        (F) Recruitment or use of child soldiers
          Any alien who has engaged in the recruitment or use of child
        soldiers in violation of section 2442 of title 18 is
        deportable.
      (5) Public charge
        Any alien who, within five years after the date of entry, has
      become a public charge from causes not affirmatively shown to
      have arisen since entry is deportable.
      (6) Unlawful voters
        (A) In general
          Any alien who has voted in violation of any Federal, State,
        or local constitutional provision, statute, ordinance, or
        regulation is deportable.
        (B) Exception
          In the case of an alien who voted in a Federal, State, or
        local election (including an initiative, recall, or referendum)
        in violation of a lawful restriction of voting to citizens, if
        each natural parent of the alien (or, in the case of an adopted
        alien, each adoptive parent of the alien) is or was a citizen
        (whether by birth or naturalization), the alien permanently
        resided in the United States prior to attaining the age of 16,
        and the alien reasonably believed at the time of such violation
        that he or she was a citizen, the alien shall not be considered
        to be deportable under any provision of this subsection based
        on such violation.
      (7) Waiver for victims of domestic violence
        (A) In general
          The Attorney General is not limited by the criminal court
        record and may waive the application of paragraph (2)(E)(i)
        (with respect to crimes of domestic violence and crimes of
        stalking) and (ii) in the case of an alien who has been
        battered or subjected to extreme cruelty and who is not and was
        not the primary perpetrator of violence in the relationship - 
            (i) (!1) upon a determination that - 

              (I) the alien was acting is (!2) self-defense;

              (II) the alien was found to have violated a protection
            order intended to protect the alien; or
              (III) the alien committed, was arrested for, was
            convicted of, or pled guilty to committing a crime - 
                (aa) that did not result in serious bodily injury; and
                (bb) where there was a connection between the crime and
              the alien's having been battered or subjected to extreme
              cruelty.
        (B) Credible evidence considered
          In acting on applications under this paragraph, the Attorney
        General shall consider any credible evidence relevant to the
        application. The determination of what evidence is credible and
        the weight to be given that evidence shall be within the sole
        discretion of the Attorney General.
    (b) Deportation of certain nonimmigrants
      An alien, admitted as a nonimmigrant under the provisions of
    either section 1101(a)(15)(A)(i) or 1101(a)(15)(G)(i) of this
    title, and who fails to maintain a status under either of those
    provisions, shall not be required to depart from the United States
    without the approval of the Secretary of State, unless such alien
    is subject to deportation under paragraph (4) of subsection (a) of
    this section.
    (c) Waiver of grounds for deportation
      Paragraphs (1)(A), (1)(B), (1)(C), (1)(D), and (3)(A) of
    subsection (a) of this section (other than so much of paragraph (1)
    as relates to a ground of inadmissibility described in paragraph
    (2) or (3) of section 1182(a) of this title) shall not apply to a
    special immigrant described in section 1101(a)(27)(J) of this title
    based upon circumstances that existed before the date the alien was
    provided such special immigrant status.
    (d) Administrative stay
      (1) If the Secretary of Homeland Security determines that an
    application for nonimmigrant status under subparagraph (T) or (U)
    of section 1101(a)(15) of this title filed for an alien in the
    United States sets forth a prima facie case for approval, the
    Secretary may grant the alien an administrative stay of a final
    order of removal under section 1231(c)(2) of this title until - 
        (A) the application for nonimmigrant status under such
      subparagraph (T) or (U) is approved; or
        (B) there is a final administrative denial of the application
      for such nonimmigrant status after the exhaustion of
      administrative appeals.

      (2) The denial of a request for an administrative stay of removal
    under this subsection shall not preclude the alien from applying
    for a stay of removal, deferred action, or a continuance or
    abeyance of removal proceedings under any other provision of the
    immigration laws of the United States.
      (3) During any period in which the administrative stay of removal
    is in effect, the alien shall not be removed.
      (4) Nothing in this subsection may be construed to limit the
    authority of the Secretary of Homeland Security or the Attorney
    General to grant a stay of removal or deportation in any case not
    described in this subsection.