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Grounds of Deportability: Why a Person Already Here Can Be Removed

By Carlos Maury · ·5 min read
Grounds of Deportability: Why a Person Already Here Can Be Removed

Being admitted to the United States — even as a lawful permanent resident — is not always permanent. A separate part of immigration law lists the grounds of deportability: the reasons a person who has already been admitted can be removed. Understanding these grounds, and how they differ from the grounds that keep people out, is central to understanding when a green card or other status is at risk. This guide explains the main categories in plain English.

This is general information, not legal advice. The categories below come directly from 8 U.S.C. § 1227 — the section of the Immigration and Nationality Act (INA § 237) that lists the classes of deportable people — as published in the U.S. Code by the Office of the Law Revision Counsel. Whether any of it applies to a specific case is a legal judgment that depends on the facts.

Deportability vs. inadmissibility

The law draws a fundamental line. Inadmissibility (under a separate section) governs whether someone can get in — a visa, entry, or a green card. Deportability governs whether someone already admitted can be made to leave. The two lists overlap but are not identical, and which one applies depends on the person's situation.

Section 1227 opens with the core rule: a person "in and admitted to the United States" shall be removed if they fall within one or more of the following classes of deportable people. The phrase "admitted" matters — these grounds apply to people who were let in, including green-card holders.

The main categories

Section 1227 organizes deportability into several broad categories. The most commonly encountered include:

Each of these contains detailed definitions and exceptions — and the criminal grounds in particular turn on precise questions about what a conviction was for and how the statute classifies it.

Why the criminal grounds are so consequential

For lawful permanent residents, the criminal grounds are usually the ones that matter most. A single conviction — depending on exactly what it was, when it happened, and how immigration law categorizes it — can move a green-card holder from secure to deportable. The categories use technical terms like "crime involving moral turpitude" and "aggravated felony" that do not always match how the crime is labeled in criminal court.

This gap between criminal law and immigration law is why anyone who is not a U.S. citizen should get immigration advice before resolving a criminal case. A plea that looks minor in criminal court can carry severe, sometimes mandatory, immigration consequences.

Relief may still be available

Being deportable is not always the end of the story. A person found deportable may still be eligible for relief from removal — such as cancellation of removal, asylum, adjustment of status, or a waiver — depending on the facts. The existence of a ground of deportability defines the problem; the available forms of relief define the possible solutions.

Why an early, careful analysis matters

Because deportability turns on precise legal categories — especially for criminal issues — and because the available relief depends on the specific ground and the person's history, an early and careful analysis is essential. Identifying exactly which ground is at issue, and what relief may apply, is the foundation of defending status.

Talk to a lawyer if your status may be at risk

If you are a green-card holder or other admitted person facing a criminal issue or a status question, the specific facts determine whether a ground of deportability applies and what relief may be available. Carlos Maury Law is a national firm of former U.S. Immigration Judges. To talk about your situation, call (213) 769-0050. We speak Spanish.

Frequently Asked Questions

Can a green-card holder be deported?

Yes. Under 8 U.S.C. § 1227, a lawful permanent resident who was admitted to the United States can become deportable if they fall within one of the listed grounds — most commonly certain criminal offenses. Having a green card does not make a person immune from removal.

What is the difference between deportability and inadmissibility?

Inadmissibility governs whether someone can get into the United States (a visa, entry, or green card). Deportability governs whether someone already admitted can be removed. The two lists overlap but are not identical, and which applies depends on the person's situation.

Which criminal convictions can make someone deportable?

The statute lists several, including crimes involving moral turpitude (with timing rules), aggravated felonies, controlled-substance offenses, certain firearms offenses, and domestic-violence-related offenses. Whether a specific conviction qualifies is a technical question that does not always match the criminal-court label.

If I'm deportable, is there anything I can do?

Possibly. Being deportable does not automatically mean removal — a person may still be eligible for relief such as cancellation of removal, asylum, adjustment of status, or a waiver, depending on the facts. Identifying the ground and the available relief is the key first step.

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This article is general information only and is not legal advice. Reading it does not create an attorney–client relationship. Immigration law is complex and fact-specific; consult a qualified immigration attorney about your situation. Prior results do not guarantee a similar outcome. Attorney advertising.