Deportation and exclusion

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Updated: 4/13/2007 3:36 pm
Deportation and exclusion are two different legal proceedings used to prohibit individuals from staying in the United States. Deportation involves removing or expelling a foreign national already living in the United States, whether legally or illegally. Exclusion, on the other hand, is used to prevent an immigrant from entering the country. You can be subject to deportation or exclusion on the grounds of health, having serious criminal convictions related to firearms or drugs, being a threat to U.S. security, or violating immigration laws. Generally, all foreign nationals seeking admission to the United States must undergo exclusion proceedings in an immigration court to determine whether entrance will be denied or granted. Without express permission, all foreign nationals excluded from entering the United States may not re-enter for one year. Also, foreign nationals already living in the United States and undergoing deportation proceedings are prohibited from re-entering the United States for five years. Re-entering before this time without permission from the Immigration and Naturalization Service can result in a felony. If you’ve been deported because of a criminal act and re-enter without permission before you’re allowed to, you may be forced to leave the country for an even longer period of time than the standard five years. Individuals who commit fraud or willfully misrepresent significant facts to obtain a visa, or individuals who’ve been convicted of a narcotic or marijuana-related crime can be deported and permanently excluded from the United States.

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