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DEPORTABLE, INADMISSIBLE, AND AGGRAVATED FELONY OFFENSES

Deportable Offenses

Below is a list of common deportable offenses. This list is not an exhaustive list and we encourage you to contact our practice coordinators.

A non-citizen is deportable if they have been previously been admitted to the US and falls into any one of the categories below:

  • Convicted of an Inadmissible Offense
  • Violated Nonimmigrant status or condition or entry
  • Convicted of Trafficking Offense
  • Convicted of a Smuggling Offense or reason to believe of participation
  • Participated in Marriage Fraud
  • Falsely Claimed US Citizenship
  • Convicted of a two or more Crimes Involving Moral Turpitude
  • Convicted of an Aggravated Felony
  • Convicted of High Speed Flight
  • Convicted of Failure to Register as a Sex Offender
  • Convicted of an Offense Involving a Firearm
  • Convicted of a Crimes of Domestic Violence, Stalking, Violation of a Protective Order, or Crimes Against Children
  • Participated Terrorist Activities


Inadmissible Offenses

Below is a list of common inadmissible offenses. This list is not an exhaustive list and we encourage you to contact our practice coordinators.

Individuals who are inadmissible are not permitted by law to enter or remain in the United States.

  • Health Inadmissibility: Immigrants with disease of public health significance, failure to receive necessary vaccinations, harmful behavior that poses, or has posed a threat to person or property, and those who abuse drugs or are addicts.
  • Criminal Inadmissibility: Individuals convicted of any controlled substance law, multiple criminal convictions for CIMTs, drug trafficking, prostitution, commercialized vice, commission of a serious crime in the United States where a person has asserted immunity from prosecution, violations of religious freedom, human trafficking, and money laundering.
  • National Security Inadmissibility: Any person whom the US government knows or has reasonable ground to believe that the noncitizen seeks to enter the country to engage in espionage or sabotage, to attempt to overthrow the government, or to engage in unlawful activity.
  • Likelihood of Public Charge Inadmissibility: An immigrant who is determined by several factors to be a public charge such as health, family status, age, assets, employment history, and education.
  • Fraud or Misrepresentation Inadmissibility: Any person who seeks admission to the US on a visa or other immigration travel or entry document, or any immigration benefit by fraud or willfully misrepresenting a material fact.
  • Prior Removal of Unlawful Presence Inadmissibility: Individuals who are barred from returning to the US because they remained in excess of 180 days, during a single stay, and then departed the United States. Individuals  who are barred from returning to the US because they have been ordered removed. Individuals who were unlawfully in the United States for a total of one year (whether accrued during a single stay or multiple stays) AND then, illegally (without being inspected and admitted or inspected and paroled) reentered the US.
  • Miscellaneous Grounds of Inadmissibility:
    • Persons who entered the country illegally
    • Persons who failed to attend immigration and/or removal hearings
    • Smugglers
    • Student Visa Abusers
    • Former US Citizens who renounced citizenship to avoid taxation
    • Practicing polygamists
    • Unlawful voters
    • International child abductors and relatives of such abductors  


Aggravated Felonies

Aggravated felonies are those crimes that are considered so serious to have to be considered deportable and without the ability to grant any discretionary relief. This list is not an exhaustive list and we encourage you to contact our practice coordinators.

  • Alien smuggling
  • Attempt to commit an Aggravated Felony
  • Bribery of a Witness - If the term of imprisonment is at least one year.
  • Burglary - If the term of imprisonment is at least one year.
  • Child Pornography
  • Commercial Bribery - if the term of imprisonment is at least one year.
  • Conspiracy to commit an Aggravated Felony
  • Counterfeiting - If the term of imprisonment is at least one year.
  • Destructive Devices
  • Drug Offenses - any offense generally considered to be “drug trafficking,” plus cited federal drug offenses and analogous felony state offenses.
  • Failure to Appear- To serve a sentence if the underlying offense is punishable by a term of 5 years, or to face charges if the underlying sentence is punishable by 2 years.
  • False Documents - Using or creating false documents, if the term of imprisonment is at least one year, except for the first offense which was committed for the purpose of aiding the person’s spouse, child or parent.
  • Firearms Offenses
  • Forgery - If the term of imprisonment is at least one year
  • Fraud or Deceit Offenses -  If the loss to the victim exceeds $10,000.
  • Illegal Reentry after Deportation or Removal Order
  • Money Laundering - if the amount of funds exceeds $10,000.
  • Murder
  • National Defense - Relating to national defense, such as gathering or transmitting national defense information or disclosure of classified information.
  • Obstruction of Justice - If the term of imprisonment is at least one year.
  • Perjury
  • Prostitution
  • Ransom
  • Receipt of Stolen Property - If the term of imprisonment is at least one year.
  • Revealing Identity of Undercover Agent
  • RICO Offenses
  • Sabotage
  • Sexual Abuse of a Minor
  • Tax Evasion - If the loss to the government exceeds $10,000
  • Theft - If the term of imprisonment is at least one year.
  • Trafficking in Vehicles with Altered Identification Numbers - Iif the term of imprisonment is at least one year.
  • Treason