Grounds for criminal deportation

Both deportation and exclusion mean that you're not allowed to stay in the U.S., but they're different in some ways. Deportation affects people who are already in the U.S., either legally or illegally, by forcing them to leave. On the other hand, exclusion forbids someone to enter the country. Your rights are different depending on the procedure.

You may be subject to exclusion or deportation if you fall into one or more of the statutory classes. Grounds for exclusion or deportation include health, conviction of crimes, threats to U.S. security, or violations of immigration laws.

Aliens seeking admission to the United States are subject to exclusion proceedings in an immigration court to determine whether they'll be allowed to enter.

Deportation proceedings are conducted if the alien has already entered the United States. Without express permission, an alien who's been excluded from the United States may not re-enter for one year. An alien who's been deported may not re-enter for five years. If you re-enter before this time without express permission from Immigration, you may be charged with a felony.

If you've been deported because of a criminal act, the penalty for re-entry without permission may be much greater. You can be deported and permanently excluded if you've ever committed fraud or willfully misrepresented a material fact to obtain a visa. You can also be deported and excluded from the U.S. forever if you've ever been convicted of a crime related to narcotics or marijuana. The marijuana charge must be for more than one incident of possession of a small amount.

Under the Immigration Act of 1990, you can also be deported and excluded if you have been convicted of an aggravated felony.

For more information, contact an attorney qualified in this area of the law.

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