Can someone be inadmissible but not deportable?

[lopay]

"People who are caught after they have been in the United States for a while are usually charged with a ground of deportability. The list of reasons that make someone deportable is very similar to the list of grounds of inadmissibility. But because the lists are slightly different, sometimes someone might be deportable but not inadmissible, or the other way around—inadmissible but not deportable. If you are deportable but not inadmissible, you might be able to immigrate (or re-immigrate) in immigration court to solve your problem with deportability. If you are inadmissible but not deportable, the government might not be able to deport you, even though it would be able to keep you from coming back to the country if you ever left. You should only trust a licensed attorney with experience in these types of issues to advise you about the options in your case."

http://www.jrsimmigration.com/content/html/deportation.html

[aariz0927]

"People who are caught after they have been in the United States for a while are usually charged with a ground of deportability. The list of reasons that make someone deportable is very similar to the list of grounds of inadmissibility. But because the lists are slightly different, sometimes someone might be deportable but not inadmissible, or the other way around—inadmissible but not deportable. If you are deportable but not inadmissible, you might be able to immigrate (or re-immigrate) in immigration court to solve your problem with deportability. If you are inadmissible but not deportable, the government might not be able to deport you, even though it would be able to keep you from coming back to the country if you ever left. You should only trust a licensed attorney with experience in these types of issues to advise you about the options in your case."

http://www.jrsimmigration.com/content/html/deportation.html

I also want to know about this .Is there any lawyer or forum member who can put some more light on this topic.
Thank you.

[aariz0927]

"People who are caught after they have been in the United States for a while are usually charged with a ground of deportability. The list of reasons that make someone deportable is very similar to the list of grounds of inadmissibility. But because the lists are slightly different, sometimes someone might be deportable but not inadmissible, or the other way around—inadmissible but not deportable. If you are deportable but not inadmissible, you might be able to immigrate (or re-immigrate) in immigration court to solve your problem with deportability. If you are inadmissible but not deportable, the government might not be able to deport you, even though it would be able to keep you from coming back to the country if you ever left. You should only trust a licensed attorney with experience in these types of issues to advise you about the options in your case."

http://www.jrsimmigration.com/content/html/deportation.html

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The inadmissibility/deportability distinction is hard for anyone to get to understand, even alot of lawyers, even some immigration lawyers. Fellow lawyers correct me if I'm wrong...I don't have my legal database accessible at the moment.

Deportability applies to the grounds that the allow the U.S. to deport you if you have been admitted to the U.S. with some kind of some kind of visa.

Inadmissibility applies to people that have entered the U.S. without inspection or people who have been stopped at the airport upon entry or people who have been given deferred inspection and allowed to come in to the U.S. Inadmissibility also applies to people who have been admitted in some kind of status but are applying for residency.

To add to this, if I am inadmissible when I apply for admission into the U.S. at an airport or border crossing, I become deportable once I have been admitted to the U.S. For example I have been convicted of shoplifting in my country 5 times, but I don't tell the consulate. When I reach the airport, I'm admitted to the U.S. in some kind of nonimmigrant status. I am deportable because I was inadmissible when I applied for admission to the U.S.

For example, I enter the U.S. as a tourist and stay beyond my authorized stay as it appears on my I-94. The day my I-94 expires, I am deportable because I have been admitted and an overstay is a ground of deportability. Ten years go by, I meet the spouse of my dreams, and I apply for lpr status. When I apply for lpr status, it is considered an application for admission and the inadmissibility grounds apply to me. If I have overstayed my visa and married a U.S.C., I am not inadmissible and under INA 245(I can't remember the subsection, posting from home at the moment) I can apply for residency, even though I am deportable. Anyone who overstays their I-94 and marries a USC is deportable but not inadmissible.

If you find this confusing, it is indeed confusing and takes a while to sink in.

aariz0927 I believe you stated that you were given advance parole. I can't recall at the moment if advance parole is considered admission to the U.S. I don't think it is. It doesn't make a difference at this point for you because if you are applying for residency, the inadmissibility grounds apply to you even if some of the deportability grounds may not apply to you.

Again, take my $.02 with some salt as I don't have the INA and CFR handy at the moment.


-Dan
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Daniel Green, Esq.
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Please do not construe any of my posts as legal advice. I can only give out legal advice within the context of fact finding and document review. Don't base your important decisions on my posts; consult a lawyer first.