The Immigration and Naturalization Act (INA) § 237 sets for the grounds for removal. There are six categories of "removal" grounds: 1) inadmissible at time of entry or of adjustment of status or violates status; 2) criminal offenses; 3) failure to register and falsification of documents; 4) security and related grounds; 5) public charge; and 6) unlawful voters. Failure to register and falsification of documents is discussed below.

Failure to Report a Change of Address

Most aliens must report any change of address within 10 days of the change. Registration and reporting duties are set forth in the Immigration and Naturalization Act (INA). Aliens exempt from the requirement include diplomats, official government representatives to an international organization, and certain nonimmigrants in the United States fewer than 30 days. The removal ground of failure to register and falsification of documents applies when an alien fails to register a change of address as required by the INA and cannot establish that such failure was reasonably excusable or was not willful.

Failure to Register

Removal also applies to an alien convicted of a violation of the Alien Registration Act, the Foreign Agents Registration Act, or other specific provisions of the U.S. Code relating to fraud and misuse of visas, permits, and other entry documents. In addition, aliens are removable if they attempt to violate or conspire to violate these laws.

Document Fraud

An alien is removable if he or she has been found to have violated the INA provisions relating to document fraud, such as prohibitions on forgery and counterfeiting. The Attorney General may waive the alien's removal if no previous civil money penalty was imposed against the alien under the INA provisions relating to document fraud and the alien acted solely to assist the alien's spouse or child.

False Claims of U.S. Citizenship

A false claim of U.S. citizenship for purposes of receiving a benefit under any state or federal law is also grounds for removal. There is one exception to this rule. The alien is not removable on this basis if the following criteria are met: each parent of the alien is or was a U.S. citizen, the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making such representation that he or she was a U.S. citizen.

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