We are pleased to present the fifth edition of Inadmissibility & Deportability, a go-to resource to assess your client’s removability and eligibility for relief. This manual is meant to provide a concise but practical overview of the grounds of inadmissibility and deportability to assist attorneys and legal workers in assessing their clients’ cases. Written with the practitioner in mind, this resource provides practical information, useful citations and clear examples to help assess inadmissibility and deportability factors facing immigrant clients, along with possible waiver options available.
Author(s): ILRC Staff Attorneys
Edition: 5
Publisher: Immigrant Legal Resource Center
Year: 2019
Language: English
Pages: 426
City: San Francisco
Tags: inadmissibility, deportability, removal defense, immigration, deportation, u.s. immigration, immigration law, eoir, immigration court, deportation defense
Acknowledgements
Table of Contents
Chapter 1: Introduction
§ 1.1 Introduction
§ 1.2 Admission and the Grounds of Inadmissibility and Deportability
§ 1.3 The Grounds of Inadmissibility and Grounds of Deportability
§ 1.4 A Short History Lesson: Exclusion and Deportation Proceedings Before IIRIRA, Compared to Removal Proceedings Under IIRIRA
§ 1.5 Burdens of Proof
Chapter 2: Grounds of Inadmissibility Health, Alien Smuggling, Visa and Document Fraud and Other Grounds
§ 2.1 Health-Related Grounds: Communicable Diseases, Required Vaccinations, Dangerous Disorders, and Addiction, and Abuse
§ 2.2 Alien Smuggling: Grounds of Inadmissibility and Deportability
§ 2.3 Fraud and Misrepresentation
§ 2.4 False Claim to U.S. Citizenship
§ 2.5 Inadequate Documentation and Document Fraud
§ 2.6 Likely to Become a Public Charge
§ 2.7 Security-Related Grounds of Inadmissibility
§ 2.8 Other Grounds: Draft Dodgers, Unlawful Voters, Stowaways, Child Abductors, Pornographers
Chapter 3: Immigration Violations Relating to Unlawful Status and Removal
§ 3.1 Entry, Admission, and Effective Dates
§ 3.2 Unlawfully Present in the United States without Being Admitted or Paroled, INA § 212(a)(6)(A)
§ 3.3 Three- and Ten-Year Bars for Those Unlawfully Present Who Depart and Then Apply for Admission, INA § 212(a)(9)(B), and the Family Hardship Waiver
§ 3.4 “Permanent Bar” to Persons Who Were Unlawfully Present for More Than One Year or Were Ordered Removed, and Who Enter or Attempt to Enter without Being Admitted, INA § 212(a)(9)(C)
§ 3.5 The Differences Between “Unlawful Presence” and “Unlawful Status”
§ 3.6 Failure to Attend Removal Proceedings, INA § 212(a)(6)(B)
§ 3.7 Past Removal, Deportation, or Exclusion, INA § 212(a)(9)(A)
§ 3.8 Reinstatement of Prior Deportation or Removal Order
Chapter 4: Non-Criminal Grounds of Deportability
§ 4.1 Removable for Being Inadmissible at Entry or Adjustment
§ 4.2 Present in Violation of Law
§ 4.3 Violated Non-Immigrant Status
§ 4.4 Violation of Condition of Entry
§ 4.5 Marriage Fraud
§ 4.6 Failure to Register and Falsification of Documents
§ 4.7 Public Charge
§ 4.8 Alien Smuggling
§ 4.9 Other Grounds of Deportability That Are Similar to Grounds of Inadmissibility
Chapter 5: Crimes and the Grounds of Deportability, Inadmissibility and Bars to Establishing Good Moral Character
§ 5.1 Clients with Criminal Records
§ 5.2 Forming Defense Goals: Deportability, Inadmissibility, and the Burden of Proof in Removal Proceedings
§ 5.3 What Is a Criminal Conviction? What Evidence Proves That It Exists?
§ 5.4 How to Analyze an Offense: The Categorical Approach
§ 5.5 Overview of Immigration Consequences of Crimes
§ 5.6 Inadmissibility and Deportability Based on Drug Offenses
§ 5.7 Crimes Involving Moral Turpitude
§ 5.8 The Moral Turpitude Ground of Inadmissibility: Petty Offense and Youth Exceptions, Definition of Sentence Imposed, and Admissions
§ 5.9 The Moral Turpitude Ground of Deportability
§ 5.10 Firearms Offenses
§ 5.11 Aggravated Felonies
§ 5.12 Other Criminal Grounds of Deportability and Inadmissibility
§ 5.13 Clearing Up a Criminal Record
§ 5.14 The Good Moral Character Requirement
Chapter 6: Waivers of Inadmissibility and Deportability
§ 6.1 Waivers of Grounds of Inadmissibility and Deportability
§ 6.2 What Is a Waiver?
§ 6.3 What Is Discretion?
§ 6.4 How to Find the Waivers in the Act
§ 6.5 Waiver of Inadmissibility for Visa Fraud and Waivers of Deportability for Persons Inadmissible at Admission
§ 6.6 Waiver for Certain Crimes Under INA § 212(h)
§ 6.7 Alien Smuggling Waivers and Exemptions
§ 6.8 Document Fraud Waiver of Inadmissibility and Deportability
§ 6.9 Waiver for Communicable Disease, Lack of Vaccinations, or Dangerous Mental Disorders Under INA § 212(g)
§ 6.10 Waivers for Unlawful Presence, Past Removal, and Other Related Immigration Offenses
§ 6.11 Waiver of Deportability for Victims of Domestic Violence
§ 6.12 “Cancellation of Removal” for Lawful Permanent Residents with Seven Years’ of Continuous Residence
§ 6.13 General Procedures for Applying for Waivers of Inadmissibility
§ 6.14 How Do You Establish Extreme Hardship?
Appendix
Index of Appendices
Appendix A
Appendix B
Appendix C
Appendix D
Appendix E
Appendix F
Appendix G
Appendix H
Appendix I
Appendix J
Appendix K
Appendix L
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