Classes of deportable aliens
Inadmissible at time of entry or of adjustment of status or violates status
Inadmissible aliens
Any alien who at the time of entry or adjustment of status was within one or more of the classes of aliens inadmissible by the law existing at such time is deportable.
Present in violation of law
section 1201(i) of this titleAny alien who is present in the United States in violation of this chapter or any other law of the United States, or whose nonimmigrant visa (or other documentation authorizing admission into the United States as a nonimmigrant) has been revoked under , is deportable.
Violated nonimmigrant status or condition of entry
Nonimmigrant status violators
section 1258 of this titleAny alien who was admitted as a nonimmigrant and who has failed to maintain the nonimmigrant status in which the alien was admitted or to which it was changed under , or to comply with the conditions of any such status, is deportable.
Violators of conditions of entry
section 1182(g) of this titleAny alien whom the Secretary of Health and Human Services certifies has failed to comply with terms, conditions, and controls that were imposed under is deportable.
Termination of conditional permanent residence
In general
section 1186a of this titlesection 1186b of this titleAny alien with permanent resident status on a conditional basis under (relating to conditional permanent resident status for certain alien spouses and sons and daughters) or under (relating to conditional permanent resident status for certain alien entrepreneurs, spouses, and children) who has had such status terminated under such respective section is deportable.
Exception
section 1186a(c)(4) of this titleClause (i) shall not apply in the cases described in (relating to certain hardship waivers).
Smuggling
In general
Any alien who (prior to the date of entry, at the time of any entry, or within 5 years of the date of any entry) knowingly has encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law is deportable.
Special rule in the case of family reunification
section 1153(a)(2) of this titleClause (i) shall not apply in the case of alien who is an eligible immigrant (as defined in section 301(b)(1) of the Immigration Act of 1990), was physically present in the United States on , and is seeking admission as an immediate relative or under (including under section 112 of the Immigration Act of 1990) or benefits under section 301(a) of the Immigration Act of 1990 if the alien, before , has encouraged, induced, assisted, abetted, or aided only the alien’s spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law.
Waiver authorized
The Attorney General may, in his discretion for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest, waive application of clause (i) in the case of any alien lawfully admitted for permanent residence if the alien has encouraged, induced, assisted, abetted, or aided only an individual who at the time of the offense was the alien’s spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law.
Pub. L. 104–208, div. C, title VI, § 671(d)(1)(C)110 Stat. 3009–723 Repealed. , ,
Marriage fraud
Waiver authorized for certain misrepresentations
Criminal offenses
General crimes
Crimes of moral turpitude
Multiple criminal convictions
Any alien who at any time after admission is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of whether confined therefor and regardless of whether the convictions were in a single trial, is deportable.
Aggravated felony
Any alien who is convicted of an aggravated felony at any time after admission is deportable.
High speed flight
section 758 of title 18Any alien who is convicted of a violation of (relating to high speed flight from an immigration checkpoint) is deportable.
Failure to register as a sex offender
section 2250 of title 18Any alien who is convicted under is deportable.
Waiver authorized
Clauses (i), (ii), (iii), and (iv) shall not apply in the case of an alien with respect to a criminal conviction if the alien subsequent to the criminal conviction has been granted a full and unconditional pardon by the President of the United States or by the Governor of any of the several States.
Controlled substances
Conviction
section 802 of title 21Any alien who at any time after admission has been convicted of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in ), other than a single offense involving possession for one’s own use of 30 grams or less of marijuana, is deportable.
Drug abusers and addicts
Any alien who is, or at any time after admission has been, a drug abuser or addict is deportable.
Certain firearm offenses
section 921(a) of title 18Any alien who at any time after admission is convicted under any law of purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon, part, or accessory which is a firearm or destructive device (as defined in ) in violation of any law is deportable.
Miscellaneous crimes
Crimes of domestic violence, stalking, or violation of protection order, crimes against children and
Domestic violence, stalking, and child abuse
section 16 of title 18Any alien who at any time after admission is convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment is deportable. For purposes of this clause, the term “crime of domestic violence” means any crime of violence (as defined in ) against a person committed by a current or former spouse of the person, by an individual with whom the person shares a child in common, by an individual who is cohabiting with or has cohabited with the person as a spouse, by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs, or by any other individual against a person who is protected from that individual’s acts under the domestic or family violence laws of the United States or any State, Indian tribal government, or unit of local government.
Violators of protection orders
Any alien who at any time after admission is enjoined under a protection order issued by a court and whom the court determines has engaged in conduct that violates the portion of a protection order that involves protection against credible threats of violence, repeated harassment, or bodily injury to the person or persons for whom the protection order was issued is deportable. For purposes of this clause, the term “protection order” means any injunction issued for the purpose of preventing violent or threatening acts of domestic violence, including temporary or final orders issued by civil or criminal courts (other than support or child custody orders or provisions) whether obtained by filing an independent action or as a pendente lite order in another proceeding.
Trafficking
section 1182(a)(2)(H) of this titleAny alien described in is deportable.
Failure to register and falsification of documents
Change of address
section 1305 of this titleAn alien who has failed to comply with the provisions of is deportable, unless the alien establishes to the satisfaction of the Attorney General that such failure was reasonably excusable or was not willful.
Failure to register or falsification of documents
Document fraud
In general
section 1324c of this titleAn alien who is the subject of a final order for violation of is deportable.
Waiver authorized
section 1324c of this titleThe Attorney General may waive clause (i) in the case of an alien lawfully admitted for permanent residence if no previous civil money penalty was imposed against the alien under and the offense was incurred solely to assist, aid, or support the alien’s spouse or child (and no other individual). No court shall have jurisdiction to review a decision of the Attorney General to grant or deny a waiver under this clause.
Falsely claiming citizenship
In general
section 1324a of this titleAny alien who falsely represents, or has falsely represented, himself to be a citizen of the United States for any purpose or benefit under this chapter (including ) or any Federal or State law is deportable.
Exception
In the case of an alien making a representation described in clause (i), if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making such representation that he or she was a citizen, the alien shall not be considered to be deportable under any provision of this subsection based on such representation.
Security and related grounds
In general
Terrorist activities
section 1182(a)(3) of this titleAny alien who is described in subparagraph (B) or (F) of is deportable.
Foreign policy
In general
An alien whose presence or activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States is deportable.
Exceptions
section 1182(a)(3)(C) of this titlesection 1182(a)(3)(C)(i) of this titleThe exceptions described in clauses (ii) and (iii) of shall apply to deportability under clause (i) in the same manner as they apply to inadmissibility under .
Participated in Nazi persecution, genocide, or the commission of any act of torture or extrajudicial killing
section 1182(a)(3)(E) of this titleAny alien described in clause (i), (ii), or (iii) of is deportable.
Participated in the commission of severe violations of religious freedom
section 1182(a)(2)(G) of this titleAny alien described in is deportable.
Recruitment or use of child soldiers
section 2442 of title 18Any alien who has engaged in the recruitment or use of child soldiers in violation of is deportable.
Public charge
Any alien who, within five years after the date of entry, has become a public charge from causes not affirmatively shown to have arisen since entry is deportable.
Unlawful voters
In general
Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is deportable.
Exception
In the case of an alien who voted in a Federal, State, or local election (including an initiative, recall, or referendum) in violation of a lawful restriction of voting to citizens, if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of such violation that he or she was a citizen, the alien shall not be considered to be deportable under any provision of this subsection based on such violation.
Waiver for victims of domestic violence
In general
Credible evidence considered
In acting on applications under this paragraph, the Attorney General shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General.
Deportation of certain nonimmigrants
An alien, admitted as a nonimmigrant under the provisions of either section 1101(a)(15)(A)(i) or 1101(a)(15)(G)(i) of this title, and who fails to maintain a status under either of those provisions, shall not be required to depart from the United States without the approval of the Secretary of State, unless such alien is subject to deportation under paragraph (4) of subsection (a).
Waiver of grounds for deportation
section 1182(a) of this titlesection 1101(a)(27)(J) of this titleParagraphs (1)(A), (1)(B), (1)(C), (1)(D), and (3)(A) of subsection (a) (other than so much of paragraph (1) as relates to a ground of inadmissibility described in paragraph (2) or (3) of ) shall not apply to a special immigrant described in based upon circumstances that existed before the date the alien was provided such special immigrant status.
Administrative stay
June 27, 1952, ch. 47766 Stat. 204July 18, 1956, ch. 62970 Stat. 575Pub. L. 86–648, § 974 Stat. 505Pub. L. 87–301, § 1675 Stat. 655Pub. L. 89–236, § 11(e)79 Stat. 918Pub. L. 94–571, § 7(e)90 Stat. 2706Pub. L. 95–549, title I, § 10392 Stat. 2065Pub. L. 97–116, § 895 Stat. 1616Pub. L. 99–570, title I, § 1751(b)100 Stat. 3207–47Pub. L. 99–603, title III, § 303(b)100 Stat. 3431Pub. L. 99–639, § 2(b)100 Stat. 3541Pub. L. 99–653, § 7(c)100 Stat. 3657Pub. L. 100–525102 Stat. 2613Pub. L. 100–690, title VII102 Stat. 4470Pub. L. 101–649, title I, § 153(b)104 Stat. 5006Pub. L. 102–232, title III105 Stat. 1745Pub. L. 103–322, title XIII, § 130003(d)108 Stat. 2026Pub. L. 103–416, title II108 Stat. 4311Pub. L. 104–132, title IV110 Stat. 1270Pub. L. 104–208, div. C, title I, § 108(c)110 Stat. 3009–558Pub. L. 106–386, div. B, title V, § 1505(b)(1)114 Stat. 1525Pub. L. 106–395, title II, § 201(c)(1)114 Stat. 1634Pub. L. 107–56, title IV, § 411(b)(1)115 Stat. 348Pub. L. 108–458, title V118 Stat. 3736Pub. L. 109–13, div. B, title I, § 105(a)(1)119 Stat. 309Pub. L. 109–248, title IV, § 401120 Stat. 622Pub. L. 109–271, § 6(c)120 Stat. 763Pub. L. 110–340, § 2(c)122 Stat. 3736Pub. L. 110–457, title II122 Stat. 5060(, title II, ch. 4, § 237, formerly ch. 5, § 241, ; , title III, § 301(b), (c), ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , §§ 2(n)(2), 9(m), , , 2620; , §§ 7344(a), 7348(a), , , 4473; , title V, §§ 505(a), 508(a), 544(b), title VI, § 602(a), (b), , , 5050, 5051, 5061, 5077, 5081; , §§ 302(d)(3), 307(h), (k), , , 1755, 1756; , , ; , §§ 203(b), 219(g), , , 4317; , §§ 414(a), 435(a), , , 1274; renumbered ch. 4, § 237, and amended , title III, §§ 301(d), 305(a)(2), 308(d)(2), (3)(A), (e)(1)(E), (2)(C), (f)(1)(L)–(N), (5), 344(b), 345(b), 347(b), 350(a), 351(b), title VI, § 671(a)(4)(B), (d)(1)(C), , , 3009–579, 3009–598, 3009–617, 3009–619 to 3009–622, 3009–637 to 3009–640, 3009–721, 3009–723; , (c)(2), , , 1526; , (2), , , 1635; , , ; , §§ 5304(b), 5402, 5501(b), 5502(b), , , 3737, 3740, 3741; , (b), , , 310; , , ; , , ; , , ; , §§ 204, 222(f)(2), , , 5071.)
Editorial Notes
References in Text
act June 27, 1952, ch. 47766 Stat. 163section 1101 of this titleThis chapter, referred to in subsec. (a)(1)(B), (G), (3)(D)(i), was in the original, “this Act”, meaning , , known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
section 301 of Pub. L. 101–649section 1255a of this titleSection 301 of the Immigration Act of 1990, referred to in subsec. (a)(1)(E)(ii), is , which is set out as a note under .
section 112 of Pub. L. 101–649section 1153 of this titleSection 112 of the Immigration Act of 1990, referred to in subsec. (a)(1)(E)(ii), is , which is set out as a note under .
act June 24, 1948, ch. 62562 Stat. 604The Military Selective Service Act, referred to in subsec. (a)(2)(D)(iii), is , , which was classified principally to section 451 et seq. of the former Appendix to Title 50, War and National Defense, prior to editorial reclassification and renumbering as chapter 49 (§ 3801 et seq.) of Title 50. For complete classification of this Act to the Code, see Tables.
act Oct. 6, 1917, ch. 10640 Stat. 411The Trading With the Enemy Act, referred to in subsec. (a)(2)(D)(iii), is , , which was classified to sections 1 to 6, 7 to 39 and 41 to 44 of the former Appendix to Title 50, War and National Defense, prior to editorial reclassification and renumbering as chapter 53 (§ 4301 et seq.) of Title 50. For complete classification of this Act to the Code, see Tables.
act June 28, 1940, ch. 43954 Stat. 670section 457(c) of this titleThe Alien Registration Act, 1940, referred to in subsec. (a)(3)(B)(i), is , . Section 36(a) of that act was classified to and was repealed by section 403(a)(39) of act .
act June 8, 1938, ch. 32752 Stat. 631section 611 of Title 22The Foreign Agents Registration Act of 1938, referred to in subsec. (a)(3)(B)(ii), is , , which is classified generally to subchapter II (§ 611 et seq.) of chapter 11 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
section 1251 of this titlePub. L. 104–208Section was formerly classified to prior to renumbering by .
Prior Provisions
June 27, 1952, ch. 47766 Stat. 201Pub. L. 97–116, § 795 Stat. 1615Pub. L. 99–500, § 101(b) [title II, § 206(b)(2)]Pub. L. 100–525, § 4(b)(4)102 Stat. 2615Pub. L. 100–525, § 9l102 Stat. 2620Pub. L. 101–649, title V, § 543(a)(2)104 Stat. 5057Pub. L. 102–232, title III, § 306(c)(4)(B)105 Stat. 1752Pub. L. 104–132, title IV, § 422(b)110 Stat. 1272Pub. L. 104–208, div. C, title III, § 308(d)(5)110 Stat. 3009–619Pub. L. 104–208, div. C, title III110 Stat. 3009–597section 1231 of this titleA prior section 1227, acts , title II, ch. 4, § 237, ; , , ; , , as added , , ; , (), ; , , ; , , ; , , ; , , , related to immediate deportation of aliens excluded from admission or entering in violation of law, prior to repeal by , §§ 305(a)(1), 309, , , 3009–625, effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after . See .
Amendments
Pub. L. 110–457, § 222(f)(2)2008—Subsec. (a)(2)(F). , added subpar. (F).
Pub. L. 110–340Subsec. (a)(4)(F). added subpar. (F).
Pub. L. 110–457, § 204Subsec. (d). , added subsec. (d).
Pub. L. 109–271section 1154(a)(1)(A) of this titlesection 1154(a)(1)(B) of this title2006—Subsec. (a)(1)(H)(ii). amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “is an alien who qualifies for classification under clause (iii) or (iv) of or clause (ii) or (iii) of .”
Pub. L. 109–248Subsec. (a)(2)(A)(v), (vi). added cl. (v) and redesignated former cl. (v) as (vi).
Pub. L. 109–13, § 105(a)(1)section 1182(a)(3)(B)(iv) of this title2005—Subsec. (a)(4)(B). , reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “Any alien who has engaged, is engaged, or at any time after admission engages in any terrorist activity (as defined in ) is deportable.”
Pub. L. 109–13, § 105(b)Pub. L. 108–458, § 5402Subsec. (a)(4)(E). , repealed . See 2004 Amendment note below.
Pub. L. 108–458, § 5304(b)section 1201(i) of this title2004—Subsec. (a)(1)(B). , substituted “United States, or whose nonimmigrant visa (or other documentation authorizing admission into the United States as a nonimmigrant) has been revoked under , is” for “United States is”.
Pub. L. 108–458, § 5501(b)Subsec. (a)(4)(D). , substituted “Participated in Nazi persecution, genocide, or the commission of any act of torture or extrajudicial killing” for “Assisted in Nazi persecution or engaged in genocide” in heading and “clause (i), (ii), or (iii)” for “clause (i) or (ii)” in text.
Pub. L. 108–458, § 5502(b)Subsec. (a)(4)(E). , added subpar. (E) relating to participation in the commission of severe violations of religious freedom.
Pub. L. 108–458, § 5402Pub. L. 109–13, § 105(b), which added subpar. (E) relating to recipient of military-type training, was repealed by . See Effective Date of 2005 Amendment note below.
Pub. L. 107–56section 1182(a)(3)(B)(iv) of this titlesection 1182(a)(3)(B)(iii) of this title2001—Subsec. (a)(4)(B). substituted “” for “”.
Pub. L. 106–386, § 1505(c)(2)2000—Subsec. (a)(1)(H). , redesignated cls. (i) and (ii) as subcls. (I) and (II), respectively, of cl. (i), and added cl. (ii).
Pub. L. 106–395, § 201(c)(2)section 1324a of this titleSubsec. (a)(3)(D). , amended heading and text of subpar. (D) generally. Prior to amendment, text read as follows: “Any alien who falsely represents, or has falsely represented, himself to be a citizen of the United States for any purpose or benefit under this chapter (including ) or any Federal or State law is deportable.”
Pub. L. 106–395, § 201(c)(1)Subsec. (a)(6). , amended heading and text of par. (6) generally. Prior to amendment, text read as follows: “Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is deportable.”
Pub. L. 106–386, § 1505(b)(1)Subsec. (a)(7). , added par. (7).
Pub. L. 104–208, § 308(e)(2)(C)1996—Subsec. (a). , substituted “removed” for “deported” in introductory provisions.
Pub. L. 104–208, § 301(d)(1), substituted “in and admitted to the United States” for “in the United States” in introductory provisions.
Pub. L. 104–208, § 301(d)(2)Subsec. (a)(1). , substituted “Inadmissible” for “Excludable” in par. heading.
Pub. L. 104–208Subsec. (a)(1)(A). , §§ 301(d)(3), 308(d)(3)(A), amended subpar. (A) identically, substituting “inadmissible” for “excludable”.
Pub. L. 104–208, § 301(d)(2), substituted “Inadmissible” for “Excludable” in subpar. heading.
Pub. L. 104–208, § 301(d)(4)Subsec. (a)(1)(B). , amended heading and text of subpar. (B) generally. Prior to amendment, text read as follows: “Any alien who entered the United States without inspection or at any time or place other than as designated by the Attorney General or is in the United States in violation of this chapter or any other law of the United States is deportable.”
Pub. L. 104–208, § 351(b)Subsec. (a)(1)(E)(iii). , inserted “an individual who at the time of the offense was” after “aided only”.
Pub. L. 104–208, § 671(d)(1)(C)section 1161 of this titlesection 1161(d)(5)(A) of this titleSubsec. (a)(1)(F). , struck out heading and text of subpar. (F). Text read as follows: “Any alien who obtains the status of an alien lawfully admitted for temporary residence under who fails to meet the requirement of by the end of the applicable period is deportable.”
Pub. L. 104–208, § 308(f)(1)(L)Subsec. (a)(1)(G). , substituted “admission” for “entry” wherever appearing.
Pub. L. 104–208, § 308(f)(5)Subsec. (a)(1)(H). , which directed amendment of subsec. (a)(1)(H)(ii) by striking “at entry”, was executed by striking “at entry” after “grounds of inadmissibility” in concluding provisions of subpar. (H) to reflect the probable intent of Congress.
Pub. L. 104–208, § 308(f)(1)(M), substituted “admission as aliens” for “entry as aliens” in introductory provisions and “such admission” for “such entry” in cl. (ii).
Pub. L. 104–208, § 308(e)(1)(E), substituted “removal” for “deportation” wherever appearing.
Pub. L. 104–208, § 308(d)(2)(A), (3)(A), amended subpar. (H) identically, substituting “inadmissible” for “excludable” in introductory provisions.
Pub. L. 104–208, § 671(a)(4)(B)Subsec. (a)(2)(A)(i)(I). , substituted “1255(j)” for “1255(i)”.
Pub. L. 104–208, § 308(f)(1)(N), substituted “admission” for “entry”.
Pub. L. 104–132, § 435(a)Subsec. (a)(2)(A)(i)(II). , amended subcl. (II) generally. Prior to amendment, subcl. (II) read as follows: “either is sentenced to confinement or is confined therefor in a prison or correctional institution for one year or longer,”.
Pub. L. 104–208, § 308(f)(1)(N)Subsec. (a)(2)(A)(ii), (iii). , substituted “admission” for “entry”.
Pub. L. 104–208, § 108(c)(2)Subsec. (a)(2)(A)(iv). , added cl. (iv). Former cl. (iv) redesignated (v).
Pub. L. 104–208, § 108(c)(3)Subsec. (a)(2)(A)(v). , substituted “(iii), and (iv)” for “and (iii)”.
Pub. L. 104–208, § 108(c)(1), redesignated cl. (iv) as (v).
Pub. L. 104–208, § 308(f)(1)(N)Subsec. (a)(2)(B). , substituted “admission” for “entry” in cls. (i) and (ii).
Pub. L. 104–208, § 308(f)(1)(N)Subsec. (a)(2)(C). , substituted “admission” for “entry”.
Pub. L. 104–208, § 350(a)Subsec. (a)(2)(E). , added subpar. (E).
Pub. L. 104–208, § 308(f)(1)(N)Subsec. (a)(2)(E)(i), (ii). , substituted “admission” for “entry”.
Pub. L. 104–208, § 345(b)section 1324c of this titleSubsec. (a)(3)(C). , amended heading and text of subpar. (C) generally. Prior to amendment, text read as follows: “Any alien who is the subject of a final order for violation of is deportable.”
Pub. L. 104–208, § 344(b)Subsec. (a)(3)(D). , added subpar. (D).
Pub. L. 104–208, § 308(f)(1)(N)Subsec. (a)(4)(A), (B). , substituted “admission” for “entry”.
Pub. L. 104–208, § 308(d)(2)(B)Subsec. (a)(4)(C)(ii). , substituted “inadmissibility” for “excludability”.
Pub. L. 104–208, § 347(b)Subsec. (a)(6). , added par. (6).
Pub. L. 104–208, § 308(d)(2)(C)Subsec. (c). , substituted “inadmissibility” for “exclusion”.
Pub. L. 104–208, § 308(d)(2)(D)section 1225 of this titleSubsec. (d). , struck out subsec. (d) which read as follows: “Notwithstanding any other provision of this subchapter, an alien found in the United States who has not been admitted to the United States after inspection in accordance with is deemed for purposes of this chapter to be seeking entry and admission to the United States and shall be subject to examination and exclusion by the Attorney General under part IV of this subchapter. In the case of such an alien the Attorney General shall provide by regulation an opportunity for the alien to establish that the alien was so admitted.”
Pub. L. 104–132, § 414(a), added subsec. (d).
Pub. L. 103–322section 1255(i) of this title1994—Subsec. (a)(2)(A)(i)(I). inserted “(or 10 years in the case of an alien provided lawful permanent resident status under )” after “five years”.
Pub. L. 103–416, § 203(b)(1)Subsec. (a)(2)(C). , substituted “, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry,” for “in violation of any law,” and inserted “in violation of any law” after “title 18)”.
Pub. L. 103–416, § 203(b)(2)Subsec. (a)(3)(B)(ii), (iii). , inserted “an attempt or” before “a conspiracy”.
Pub. L. 103–416, § 219(g)Subsec. (c). , substituted “and (3)(A) of subsection (a)” for “or (3)(A) of subsection (a)”.
Pub. L. 102–232, § 307(h)(1)1991—Subsec. (a). , substituted “if the alien is within one or more of the following classes of deportable aliens” for “if the alien is deportable as being within one or more of the following classes of aliens”.
Pub. L. 102–232, § 307(h)(2)Subsec. (a)(1)(D)(i). , inserted “respective” after “terminated under such”.
Pub. L. 102–232, § 307(h)(3)Subsec. (a)(1)(E)(i). , inserted “any” after “at the time of” and after “within 5 years of the date of” in parenthetical provision.
Pub. L. 102–232, § 307(h)(4)Subsec. (a)(1)(E)(ii), (iii). , added cl. (ii) and redesignated former cl. (ii) as (iii).
Pub. L. 102–232, § 307(h)(5)Subsec. (a)(1)(G). , substituted “section 1182(a)(6)(C)(i)” for “section 1182(a)(5)(C)(i)”.
Pub. L. 102–232, § 307(h)(6)Subsec. (a)(1)(H). , substituted “paragraph (4)(D)” for “paragraph (6) or (7)”.
Pub. L. 102–232, § 307(h)(7)Subsec. (a)(2)(D). , inserted “or attempt” after “conspiracy”.
Pub. L. 102–232, § 307(h)(8)Subsec. (a)(3)(C). , added subpar. (C).
Pub. L. 102–232, § 307(h)(9)Subsec. (a)(4)(A), (B). , substituted “after entry engages” for “after entry has engaged”.
Pub. L. 102–232, § 307(h)(10)Subsec. (a)(4)(C). , substituted “excludability” for “excluability”.
Pub. L. 102–232, § 307(k)(2)Subsec. (c). , redesignated subsec. (h) as (c) and substituted “existed” for “exist”.
Pub. L. 102–232, § 307(k)(1)Subsec. (d). , struck out subsec. (d) which related to applicability of this section to aliens belonging to any of the classes enumerated in subsection (a) of this section.
Pub. L. 102–232, § 307(k)(2)Subsec. (h). , redesignated subsec. (h) as (c).
Pub. L. 102–232, § 302(d)(3), struck out comma after “(3)(A)”.
Pub. L. 101–649, § 602(a)1990—Subsec. (a). , amended subsec. (a) generally, consolidating 20 categories of excludable aliens into 5 broader classes.
Pub. L. 101–649, § 544(b)section 1324c of this title, added par. (21) which read as follows: “is the subject of a final order for violation of .”
Pub. L. 101–649, § 508(a), substituted “conspiracy or attempt” for “conspiracy” in par. (11).
Pub. L. 101–649, § 602(b)Subsec. (b). , redesignated subsec. (e) as (b), substituted “paragraph (4) of subsection (a)” for “subsection (a)(6) or (7) of this section” and struck out former subsec. (b) which related to nonapplicability of subsec. (a)(4) of this section.
Pub. L. 101–649, § 505(a), struck out “(1)” after “crimes shall not apply” and “, or (2) if the court sentencing such alien for such crime shall make, at the time of first imposing judgment or passing sentence, or within thirty days thereafter, a recommendation to the Attorney General that such alien not be deported, due notice having been given prior to making such recommendation to representatives of the interested State, the Service, and prosecution authorities, who shall be granted an opportunity to make representations in the matter” at end of first sentence, and inserted “or who has been convicted of an aggravated felony” after “subsection (a)(11) of this section” in second sentence.
Pub. L. 101–649, § 602(b)(1)Subsec. (c). , struck out subsec. (c) which related to fraudulent entry.
Pub. L. 101–649, § 602(b)(2)(B)Subsec. (e). , redesignated subsec. (e) as (b).
Pub. L. 101–649, § 602(b)(1)Subsecs. (f), (g). , struck out subsecs. (f) and (g) which related to waiver of deportation in specified cases and hardship waivers, respectively.
Pub. L. 101–649, § 153(b)(2)section 1182(a) of this titlesection 1101(a)(27)(J) of this titleSubsec. (h). , amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows: “Paragraphs (1), (2), (5), (9), or (12) of subsection (a) of this section (other than so much of paragraph (1) as relates to a ground of exclusion described in paragraph (9), (10), (23), (27), (29), or (33) of ) shall not apply to a special immigrant described in based upon circumstances that exist before the date the alien was provided such special immigrant status.”
Pub. L. 101–649, § 153(b)(1), added subsec. (h).
Pub. L. 100–690, § 7344(a)1988—Subsec. (a)(4). , inserted cl. (B).
Pub. L. 100–690section 921(a) of title 18Subsec. (a)(14). inserted “any firearm or destructive device (as defined in paragraphs (3) and (4)), respectively, of , or any revolver or” after “law”.
Pub. L. 100–525, § 9(m)Subsec. (a)(17). , substituted “amendment, thereof, known as the Trading With the Enemy Act” for “amendment thereof; the Trading With the Enemy Act”.
Pub. L. 100–525, § 2(n)(2)Subsec. (a)(20). , substituted “an alien lawfully admitted” for “an alien who becomes lawfully admitted”.
Pub. L. 99–639, § 2(b)(1)1986—Subsec. (a)(9). , designated existing provisions as cl. (A) and added cl. (B).
Pub. L. 99–653section 1228(a) of this titlesection 1101(a)(27)(A) of this titleSubsec. (a)(10). repealed par. (10). Prior to repeal, par. (10) read as follows: “entered the United States from foreign contiguous territory or adjacent islands, having arrived there on a vessel or aircraft of a nonsignatory transportation company under and was without the required period of stay in such foreign contiguous territory or adjacent islands following such arrival (other than an alien described in and aliens born in the Western Hemisphere);”.
Pub. L. 99–570section 802 of title 21Subsec. (a)(11). substituted “any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in )” for “any law or regulation relating to the illicit possession of or traffic in narcotic drugs or marihuana, or who has been convicted of a violation of, or a conspiracy to violate, any law or regulation governing or controlling the taxing, manufacture, production, compounding, transportation, sale, exchange, dispensing, giving away, importation, exportation, or the possession for the purpose of the manufacture, production, compounding, transportation, sale, exchange, dispensing, giving away, importation, or exportation of opium, coca leaves, heroin, marihuana, any salt derivative or preparation of opium or coca leaves or isonipecaine or any addiction-forming or addiction-sustaining opiate”.
Pub. L. 99–603Subsec. (a)(20). added par. (20).
Pub. L. 99–639, § 2(b)(2)Subsec. (g). , added subsec. (g).
Pub. L. 97–1161981—Subsec. (f). designated existing provision as par. (1)(A), substituted provision authorizing discretionary waiver of deportation based on visa fraud or misrepresentation in the case of an alien, other than an alien described in subsec. (a)(19) of this section, who is the spouse, parent, or child of a citizen of the United States or of an alien lawfully admitted to the United States for permanent residence and who was in possession of an immigrant visa or equivalent document and was otherwise admissible to the United States at the time of such entry except for those grounds specified in section 1182(a)(14), (20), and (21) of this title which were a direct result of that fraud or misrepresentation, with relief available to those who have made innocent, as well as fraudulent, misrepresentations, for provision requiring mandatory waiver of deportation based on visa fraud or misrepresentation at the time of entry in the case of an alien who is the spouse, parent, or child of a United States citizen or of an alien lawfully admitted for permanent residence who is otherwise admissible, and added pars. (1)(B) and (2).
Pub. L. 95–5491978—Subsec. (a)(19). added par. (19).
Pub. L. 94–571section 1101(a)(27)(A) of this titlesection 1101(a)(27)(A) of this titlesection 1101(a)(27)(B) of this title1976—Subsec. (a)(10). substituted “(other than an alien described in and aliens born in the Western Hemisphere)” for “(other than an alien who is a native-born citizen of any of the countries enumerated in and an alien described in )”.
Pub. L. 89–236section 1101(a)(27)(A) of this titlesection 1101(a)(27)(C) of this title1965—Subsec. (a)(10). substituted “” for “”.
Pub. L. 87–3011961—Subsec. (f). added subsec. (f).
Pub. L. 86–6481960—Subsec. (a)(11). inserted “or marihuana” after “narcotic drugs”.
1956—Subsec. (a)(11). Act , § 301(b), included conspiracy to violate any narcotic law, and the illicit possession of narcotics, as additional grounds for deportation.
Subsec. (b). Act , § 301(c), inserted at end “The provisions of this subsection shall not apply in the case of any alien who is charged with being deportable from the United States under subsection (a)(11) of this section.”
Statutory Notes and Related Subsidiaries
Effective Date of 2008 Amendment
Pub. L. 110–340section 3(c) of Pub. L. 111–122section 1182 of this titleAmendment by applicable to offenses committed before, on, or after , see , set out as a note under .
Effective Date of 2005 Amendment
Pub. L. 109–13, div. B, title I, § 105(a)(2)119 Stat. 309
Pub. L. 109–13, div. B, title I, § 105(b)119 Stat. 310
Effective Date of 2004 Amendment
section 5304(b) of Pub. L. 108–458section 5304(d) of Pub. L. 108–458section 1155 of this titleAmendment by effective , and applicable to revocations under sections 1155 and 1201(i) of this title made before, on, or after such date, see , set out as a note under .
section 5501(b) of Pub. L. 108–458section 5501(c) of Pub. L. 108–458section 1182 of this titleAmendment by applicable to offenses committed before, on, or after , see , set out as a note under .
Effective Date of 2001 Amendment
Pub. L. 107–56section 411(c) of Pub. L. 107–56section 1182 of this titleAmendment by effective , and applicable to actions taken by an alien before, on, or after , and to all aliens, regardless of date of entry or attempted entry into the United States, in removal proceedings on or after such date (except for proceedings in which there has been a final administrative decision before such date) or seeking admission to the United States on or after such date, with special rules and exceptions, see , set out as a note under .
Effective Date of 2000 Amendment
Pub. L. 106–395, title II, § 201(c)(3)114 Stat. 1635
Effective Date of 1996 Amendments
Pub. L. 104–208section 309 of Pub. L. 104–208section 1101 of this titleAmendment by sections 301(d), 305(a)(2), and 308(d)(2)(A)–(C), (3)(A), (e)(1)(E), (2)(C), (f)(1)(L)–(N), (5) of effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after , see , set out as a note under .
Pub. L. 104–208, div. C, title III, § 308(d)(2)(D)110 Stat. 3009–617, , , provided that the amendment made by section 308(d)(2)(D) is effective .
section 344(b) of Pub. L. 104–208section 344(c) of Pub. L. 104–208section 1182 of this titleAmendment by applicable to representations made on or after , see , set out as a note under .
section 347(b) of Pub. L. 104–208section 347(c) of Pub. L. 104–208section 1182 of this titleAmendment by applicable to voting occurring before, on, or after , see , set out as a note under .
Pub. L. 104–208, div. C, title III, § 350(b)110 Stat. 3009–640
section 351(b) of Pub. L. 104–208section 351(c) of Pub. L. 104–208section 1182 of this titleAmendment by applicable to applications for waivers filed before, on, or after , but not applicable to such an application for which a final determination has been made as of , see , set out as a note under .
section 671(a)(4)(B) of Pub. L. 104–208Pub. L. 103–322section 671(a)(7) of Pub. L. 104–208section 1101 of this titleAmendment by effective as if included in the enactment of the Violent Crime Control and Law Enforcement Act of 1994, , see , set out as a note under .
Pub. L. 104–132, title IV, § 414(b)110 Stat. 1270
Pub. L. 104–132, title IV, § 435(b)110 Stat. 1275
Effective Date of 1994 Amendment
section 203(b) of Pub. L. 103–416section 203(c) of Pub. L. 103–416section 1182 of this titleAmendment by applicable to convictions occurring before, on, or after , see , set out as an Effective and Termination Dates of 1994 Amendments note under .
section 219(g) of Pub. L. 103–416Pub. L. 101–649section 219(dd) of Pub. L. 103–416section 1101 of this titleAmendment by effective as if included in the enactment of the Immigration Act of 1990, , see , set out as a note under .
Effective Date of 1991 Amendment
Pub. L. 102–232Pub. L. 101–649section 310(1) of Pub. L. 102–232section 1101 of this titleAmendment by sections 302(d)(3), 307(h) of effective as if included in the enactment of the Immigration Act of 1990, , see , set out as a note under .
Pub. L. 102–232, title III, § 307(k)105 Stat. 1756Pub. L. 101–649, , , provided that the amendment made by section 307(k) is effective as if included in section 602(b) of the Immigration Act of 1990, .
Effective Date of 1990 Amendment
section 153(b)(1) of Pub. L. 101–649section 161(b) of Pub. L. 101–649section 1101 of this titleAmendment by effective , and (unless otherwise provided) applicable to fiscal year 1991, see , set out as a note under .
Pub. L. 101–649, title I, § 153(b)(2)104 Stat. 5006section 153(b)(1) of Pub. L. 101–649section 602 of Pub. L. 101–649section 602(d) of Pub. L. 101–649, , , provided that the amendment of subsec. (h) as added by is effective on the date that the amendments made by become effective. See , set out below.
Pub. L. 101–649, title V, § 505(b)104 Stat. 5050
Pub. L. 101–649, title V, § 508(b)104 Stat. 5051
Pub. L. 101–649, title V, § 544(d)104 Stat. 5061Pub. L. 102–232, title III, § 306(c)(5)(B)105 Stat. 1752
Pub. L. 101–649, title VI, § 602(d)104 Stat. 5082
Effective Date of 1988 Amendments
Pub. L. 100–690, title VII, § 7344(b)102 Stat. 4471
Pub. L. 100–690, title VII, § 7348(b)102 Stat. 4473
section 2(n)(2) of Pub. L. 100–525Pub. L. 99–603section 2(s) of Pub. L. 100–525section 1101 of this titleAmendment by effective as if included in enactment of Immigration Reform and Control Act of 1986, , see , set out as a note under .
Effective Date of 1986 Amendments
Pub. L. 99–653section 23(a) of Pub. L. 99–653section 1101 of this titleAmendment by applicable to visas issued, and admissions occurring, on or after , see , set out as a note under .
Pub. L. 99–570section 1751(c) of Pub. L. 99–570section 1182 of this titleAmendment by applicable to convictions occurring before, on, or after , see , set out as a note under .
Effective Date of 1981 Amendment
Pub. L. 97–116section 21(a) of Pub. L. 97–116section 1101 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1976 Amendment
Pub. L. 94–571section 10 of Pub. L. 94–571section 1101 of this titleAmendment by effective on first day of first month which begins more than sixty days after , see , set out as a note under .
Effective Date of 1965 Amendment
Pub. L. 89–236section 20 of Pub. L. 89–236section 1151 of this titleFor effective date of amendment by see , set out as a note under .
Effective Date of 1956 Amendment
Amendment by act , effective , see section 401 of act .
Savings Provision
Pub. L. 101–649, title VI, § 602(c)104 Stat. 5081
Abolition of Immigration and Naturalization Service and Transfer of Functions
section 1551 of this titleFor abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under .
Report on Criminal Aliens
Pub. L. 101–649, title V, § 510104 Stat. 5051Pub. L. 102–232, title III, § 306(a)(8)105 Stat. 1751, , , as amended by , (9), , , provided that the Attorney General was to submit to appropriate Committees of Congress, by not later than , a report describing efforts of Immigration and Naturalization Service to identify, apprehend, detain, and remove from the United States aliens who have been convicted of crimes in the United States and including a criminal alien census and removal plan.