Depending on the non-citizen’
While deportation applies when a person has been formally admitted to the United States (e.g., they are in the United States legally), Inadmissibility applies where a person has not yet been legally admitted to the United States or is in the United States but entered the country illegally (No “formal” admission to the United States). While the distinction may seem as just semantics, the fact of the matter is that depending on the type of removal proceeding you find yourself will determine your defenses and other prospects for termination/
It is important to note that there are different levels of culpability and applicable laws affecting inadmissibility vs. deportability – but they do cross-over. For example, a crime of moral turpitude, (CIMT) may effect either a deportability or inadmissibility issue, while an Aggravated Felony (AF) may not make the person inadmissible – but many AF’s are also considered CIMT, so the distinction becomes less important.
In order to be found deportable under a CIMT or AF, that person must have been convicted of the crime. In sharp contrast, even if that person has committed an act which would amount to a crime involving moral turpitude (not necessarily convicted), that person could be rendered inadmissible to the United States.
Another key issue is depending on the type of the proceeding - whether it be inadmissibility of deportability – a person finds themselves in will also determine whether he or she can apply for a pre-trial bond for release. A person who has not been formally admitted to the United States is not entitled to receive any bond and can legally be detained during the pre-hearing stage of the case.
In contrast, if the basis for a person’s removal stems from deportation (he/she was legally admitted to the United States), then (subject to certain rules which mandate pre-trial detention) the person MUST be considered for Bond, and is entitled to what is called a Bond Hearing.
One last important factor to note for people with a CIMT (even minor) planning on traveling, if an LPR is convicted of a CIMT, punishable by more than a year in jail, but the act was committed more than five years after being admitted to the United States, the permanent resident is not deportable. Yet, if that same person travels overseas and attempts to re-enter the United States, that person may be deemed inadmissible, since the crime resulted in a sentence of more than a year (There is no 5-year exception for admissibility as there is for deportation)
S. MATTHEW GOLDING, ESQ, EA
S. Matthew Golding is one of only a few attorneys licensed in both New York & California, and has accumulated 15 years of legal experience, as well as experience as an Enrolled Agent (the highest credential awarded by the IRS). His international law practice emphasizes the representation of clients worldwide in matters involving Immigration and Tax law. Matthew’s clients include U.S. and foreign citizens living both abroad in countries such as Iraq, Japan, Afghanistan, South Africa, Pakistan, and Korea. Matthew is currently enrolled in one of the nation’s Top Master of Law Programs at the University of Denver in a distance program designed for experienced professionals. He worked his way through school, graduating University of Denver (1996) and Whittier Law School (1999) and earning Dean’s List distinction at both institutions.
Member, State Bar of California, 1999-Present (Inactive 2004-2005 while launching NY practice)
Member, State Bar of New York, 2004-Present
Member, AILA (American Immigration Lawyers Association)
Admitted, United States Tax Court
Enrolled Agent, Federally Licensed Tax Practitioner (Highest credential awarded by the IRS)
Real Estate Broker, California Department of Real Estate
Matthew represents illegal aliens, green card holders (Legal Permanent Resident Status) and naturalized citizens in all phases of criminal and immigration matters, with an emphasis on removal and deportation defense.
In addition to his immigration practice, Matthew is an accomplished International Tax Attorney who has achieved Enrolled Agent status by the IRS. He has been quoted in several news publications and is the owner of, http://www.GoldingLawyers.com,http://www.ImmigrationRemovalHelp.com,and http://www.GoldingTaxSolutions.com.