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What is a Deportable Alien? Legal Insights and Definitions
Definition & Meaning
A deportable alien is an individual who is not a citizen of the United States but is present in the country. This person was admitted under specific conditions and may be subject to removal based on grounds outlined in the Immigration and Nationality Act. Deportable aliens can include those who are illegally present in the U.S., regardless of whether they entered the country legally or through fraud. This status may arise from violations of the terms of their nonimmigrant status.
Table of content
Legal Use & context
The term "deportable alien" is commonly used in immigration law, which governs the rights and responsibilities of non-citizens in the United States. Legal practitioners may encounter this term in various contexts, including:
Immigration proceedings
Removal hearings
Applications for relief from removal
Individuals facing deportation can often find legal templates and resources through platforms like US Legal Forms to assist in navigating the complexities of their situation.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person who entered the U.S. on a tourist visa and overstayed their visa may be classified as a deportable alien due to their violation of the terms of their admission.
Example 2: An individual who entered the country using false documents and is later discovered may also be considered a deportable alien (hypothetical example).
Relevant laws & statutes
The primary statute governing deportable aliens is the Immigration and Nationality Act (INA). Key sections include:
Section 237: Grounds for deportation
Section 212: Grounds of inadmissibility
Comparison with related terms
Term
Definition
Difference
Deportable Alien
A non-citizen subject to removal from the U.S.
Focuses on individuals already present in the U.S.
Inadmissible Alien
A non-citizen who is not allowed to enter the U.S.
Refers to individuals seeking entry, not those already present.
Common misunderstandings
What to do if this term applies to you
If you believe you may be classified as a deportable alien, consider the following steps:
Consult with an immigration attorney to understand your rights and options.
Gather any relevant documentation related to your immigration status.
Explore legal forms and resources available through US Legal Forms to assist in your case.
In complex situations, seeking professional legal help is crucial.
Find the legal form that fits your case
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