The Immigration and Naturalization Act (INA) § 237 sets for the grounds for removal. There are six categories of "removal" grounds: 1) inadmissible at time of entry or of adjustment of status or violates status; 2) criminal offenses; 3) Failure to register and falsification of documents; 4) security and related grounds; 5) public charge; and 6) unlawful voters.

The ground of "inadmissible at time of entry or of adjustment of status or violates status" includes 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. It also includes any alien present in the United States in violation of the INA or any nonimmigrant who violated his or her status or condition of entry. Removal also can arise from the termination of a grant of conditional permanent residence. Smuggling other aliens into the United States or committing marriage fraud will also be grounds for removal.

Aliens Inadmissible at Time of Entry

If an alien was inadmissible at the time he or she entered the United States, that alien is removable at any time thereafter. In certain circumstances, the ground of removal relating to aliens who were inadmissible at the time of admission can be waived. Waiver is possible if the alien was inadmissible on the basis of fraud or misrepresentation in obtaining entry documentation, and the alien is the parent, spouse, or child of a U.S. citizen or LPR.

Present in Violation of Law

If an alien is in the United States in violation of the INA or any other U.S. law, the alien is removable.

Violated Nonimmigrant Status or Condition of Entry

A nonimmigrant alien is removable if the alien was admitted as a nonimmigrant but the alien thereafter failed to maintain the same nonimmigrant status or to comply with the conditions of that status.

In addition, certain aliens are admitted into the United States under specific conditions. If an alien fails to comply with the terms, conditions, and controls placed on his or her entry into the United States, the alien may be removed.

Termination of Conditional Permanent Residence

If an alien has conditional legal permanent resident (LPR) status on the basis of being a spouse or child of a U.S. citizen or LPR and the alien's LPR status is terminated, the alien may be removed except when such removal would result in extreme hardship.

Smuggling

If an alien encourages, induces, or assists any other alien to enter or to try to enter the United States illegally, the first alien is involved in smuggling and is removable on that basis. This rule applies when the smuggling occurs no later than five years after the alien's own entry into the United States. There is a "family reunification" exception for a class of aliens who can prove that they were in the United States on specific dates listed in the statute and that the smuggling occurred before a specific date. In addition, the U.S. Attorney General has the discretion to waive this ground of removal in the interest of family unity, regardless of date restrictions.

Marriage Fraud

Whether an applicant possesses good moral character depends upon not only the applicant's behavior but also how that behavior relates to societal standards. Behavior committed before the requisite period may be considered to the extent that it bears on moral character during the period of residency.

U.S. Citizenship and Immigration Services (USCIS) regulations dictate how certain conduct will be treated for the purpose of determining whether an alien applying for naturalization benefits has good moral conduct. General rules are specified, applying to different types of acts. Some mandate a determination that the alien lacks good character, and some create a finding of lack of good moral character that can be rebutted by the alien.

Acts That Mandate A Finding That An Applicant Lacks Good Moral Character

Some acts that mandate a finding that an alien lacks good moral character do so regardless of when the acts were committed. Others must have been committed during a specific time period. If an alien is convicted of murder or of an aggravated felony, for instance, a finding of a lack of good moral character is mandatory.

A finding of lack of good moral character is also mandated by certain actions committed during the statutory time period, including the following: (1) many crimes involving moral turpitude; (2) more than one conviction with a sentence of five years or more; (3) some controlled substance crimes; (4) prostitution and polygamy crimes; (5) deliberate falsification of information to obtain immigration benefits; (6) illegal gambling; and (7) habitual drunkenness.

Acts That Create A Rebuttable Finding That An Applicant Lacks Good Moral Character

Most people wishing to travel to the United States, whether temporarily or permanently, must obtain a visa, which allows them to travel to a port-of-entry and request to be admitted to the country. Visas are issued by consular officers at U.S. embassies and consulates after a screening process has been conducted. Travelers are usually required to complete an application form, complete an interview, and provide evidence regarding the nature of their intended stay in the U.S. Although the process differs depending upon the type of visa sought, some general procedures can be expected.

A double-check system is used to control entry into the U.S. First, most aliens must obtain visas from consular offices abroad. Second, aliens must generally present their visas upon arrival at U.S. ports-of-entry for examination.

Do I Need A Visa To Travel To The U.S.?

The Visa Waiver Program

Some citizens of certain countries, specifically those that participate in the Visa Waiver Program (VWP), need not obtain visas to travel to a U.S. port-of-entry if they do not plan to stay in the U.S. for more than 90 days, if they are visiting for business or pleasure, and if they meet certain basic criteria. To determine whether a visa is needed, first check www.UnitedStatesVisas.gov to see whether your home country participates in the VWP. If it does not, you must obtain a visa. If it does, you must still get a visa if any of the four criteria apply: (1) you plan to work or study in the U.S.; (2) you have previously been refused a U.S. visa; (3) you have a criminal record; or (4) you are ineligible for a U.S. visa.

Canadian Citizenship

Most Canadian citizens need not obtain a visa, although there are some exceptions. For instance, Canadian fiancé and spouses of U.S. citizens and their children, treaty traders, foreign government officials and international organization officials all must obtain visas to travel to U.S. ports-of-entry.

How Do I Obtain A Visa?

The traditional way to get a visa is to apply through an U.S. embassy or consulate. First, make an appointment with a U.S. embassy or consulate and pay your non-refundable application fee. Second, prepare your documentation, including your application, which may be obtained either at the embassy, the consulate, or at www.UnitedStatesVisas.gov. You will also need to assemble your passport, proof that you paid your application fee, documents supporting your application and any other documents requested by the embassy or consulate. Immigrant visas are for those who intend to reside permanently in the U.S.; nonimmigrant visas are designed for temporary visitors. Both have many different categories, and you must decide what type of visa you need when you file your application. Applications for some types of immigrant visas must be prepared by someone other than the alien, typically prospective U.S. employers or relatives in the U.S.

Third, if you are the one who must file the application, submit your materials to the embassy or consulate, realizing that it typically takes at least a few weeks to receive a response. Fourth, attend any additional interviews or provide any additional information requested by your embassy or consulate. The information requested will depend upon the type of visa you have requested and your personal situation. Your name and information will be checked in a security database, and if there are any security concerns, you will experience a delay. Applicants for immigrant visas other than immediate family members of U.S. citizens will almost always experience a delay, sometimes a very significant one, as they wait to obtain visa numbers.

IRCA had a particular effect on agricultural workers and farm employers. All employers in the United States are responsible for completion and retention of a "Form I-9" for all employees they hire, both citizens and noncitizens. To complete the form, the employer verifies the employment eligibility and identity documents presented by the employee. IRCA specifies that farm employers must complete an I-9 for their employees, who are often migrant workers on a temporary or as-needed basis.

In order to prevent employers from too closely targeting workers who might sound or appear foreign, IRCA contained anti-discrimination provisions. These anti-discrimination provisions, which prohibit an employer from discriminating on the basis of actual or suspected citizenship, are enforced in part by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice, and the Equal Employment Opportunity Commission (EEOC). The number of the employer's employees will determine which one investigates complaints. The anti-discrimination provisions apply to employers with four or more employees. It also goes both ways - an employer can not discriminate either in favor of or against United States workers. The prohibitions against discrimination include a ban on requiring certain employees or applicants to produce different documentation of employment eligibility than they require of other employees or applicants.

IRCA provided penalties in the event that an employer violated the anti-discrimination prohibitions. Employees could receive back pay, reinstatement, or mandatory hiring. Employers were potentially subject to fines ranging from $275 to

$2,200 for each victim for the first offense; $2,200 to $5,500 for the second offense; and $3,300 to $11,000 for the third offense. An employer committing document abuse was subject to fines ranging from $110 to $ 1,100 for each victim. Finally, if an employer was shown to be a persistent violator of the rules against hiring illegal aliens, the employer was subject to a prison sentence up to six months.