What is section 237 a1 B?
Section 237(a)(1)(B) applies broadly to any alien who is present in the United States in violation of the law. This provision is used often against individuals who enter without inspection or nonimmigrants who remain in the United States after their status expires.
What constitutes an immigration violation?
Criminal immigration violation – Any federal criminal immigration violation that penalizes a person’s presence in, entry, or reentry to, or employment in, the United States. This does not include any offense where a judicial warrant already has been issued.
Who is subject to deportation under Section 237?
Under section 237 (a) (2) (A) (iii), “ [a]ny alien who is convicted of an aggravated felony at any time after admission” is subject to removal. The extensive list of immigration aggravated felonies is found at section 101 (a) (43) of the INA [ see article ].
What is section 237 of the Immigration and Nationality Act?
Section 237(a)(2)(D)(iv) covers violations of section 215 of the INA (Travel control of citizens and aliens) and section 278 of the INA (Importation of alien for immoral purpose). Section 215 covers restrictions and prohibitions on the entry to or departure from (or attempts) the United States.
When does an alien become inadmissible under Section 237?
Section 237(a)(1)(E)(i) thus reaches an alien who engaged in alien smuggling both prior to entry and at the time of entry. In addition, it also renders an alien removable if he or she engages in alien smuggling within 5 years of the date of entry.
How is section 237 used in removal proceedings?
Section 237 (a) (1) (A) is prevalent in cases where an alien procures his or her admission or adjustment of status through fraud or misrepresentation (including marriage fraud). In some cases, it may be a secondary charge in removal proceedings.
Under section 237 (a) (2) (A) (iii), “ [a]ny alien who is convicted of an aggravated felony at any time after admission” is subject to removal. The extensive list of immigration aggravated felonies is found at section 101 (a) (43) of the INA [ see article ].
Section 237(a)(2)(D)(iv) covers violations of section 215 of the INA (Travel control of citizens and aliens) and section 278 of the INA (Importation of alien for immoral purpose). Section 215 covers restrictions and prohibitions on the entry to or departure from (or attempts) the United States.
Section 237(a)(1)(E)(i) thus reaches an alien who engaged in alien smuggling both prior to entry and at the time of entry. In addition, it also renders an alien removable if he or she engages in alien smuggling within 5 years of the date of entry.
Section 237 (a) (1) (A) is prevalent in cases where an alien procures his or her admission or adjustment of status through fraud or misrepresentation (including marriage fraud). In some cases, it may be a secondary charge in removal proceedings.