Inadmissibility and Deportability
A sure way for a noncitizen with a criminal record to end up in removal proceedings (commonly known as deportation proceedings) is to seek readmission to the United States after traveling abroad. A non citizen with a criminal record who seeks readmission after travel abroad faces several unique disadvantages that would not apply if he or she had stayed in the United States. You are subject to the grounds of deportability if you have been lawfully admitted to the United States. When you leave and seek to return you are subject to much more expansive grounds of inadmissibility.
- Some convictions will make a noncitizen subject to removal only if he or she travels outside the United States. These convictions would not make the person removable if he or she did not leave the United States. This is because the grounds of inadmissibility are more expansive than the grounds of deportability.
- Travel abroad may result in removal for some crimes or suspicion of criminal conduct even if there is no conviction. This includes admissions to crimes of moral turpitude and reasonable suspicion of involvement in drug trafficking. On the hand, usually an actual conviction is necessary to remove a lawful permanent resident (LPR) who has not left the United States. The grounds of inadmissibility may not require a conviction whereas the grounds of deportability usually do.
- Persons who are not permanent residents (and permanent residents too in some circumstances) must prove “clearly and beyond doubt” that criminal matter does not make them inadmissible when returning from abroad. This is a very high burden of proof. What you don’t know can harm you!
We strongly recommend that a noncitizen consult with our office before travelling outside of the United States. Please call us during office hours at 407.674.6968 to schedule a consultation. If you have an emergency after office hours please call us at (407) 925-2554 and we will contact you shortly.