Does § 237 apply to me, or § 212?
The dividing line is whether you were admitted. Section 237 covers people who were lawfully admitted, on a visa or as residents. Section 212 lists inadmissibility grounds, used for people who never were admitted or are seeking entry. The difference shifts the burden of proof. Under INA § 240, DHS must prove deportability by clear and convincing evidence once you were admitted, while an applicant for admission carries a heavier burden. Look at your Notice to Appear: it states the allegation and cites the section charged. Compare each line with your own records, because a wrong date or status can matter. Do not admit charges at a first hearing without advice. Our master calendar hearing guide explains how to answer them.
I overstayed or broke my visa terms. Is that enough?
It can be. A person present in violation of law is deportable under § 237(a)(1)(B), and a nonimmigrant who fails to keep status or follow its conditions is deportable under (a)(1)(C). No crime is needed. A person who was inadmissible when admitted or adjusted is deportable under (a)(1)(A), so an old problem can surface years later. Marriage fraud has its own rule at (a)(1)(G). A status problem is not the end of the case: you may qualify for relief. If you have been here 10 years, see cancellation of removal. If a relative petitioned for you, ask about adjustment. Keep your Form I-94, past approval notices and pay records together, and show them to a lawyer before you answer the charge.
What counts as a conviction for immigration purposes?
More than most people think. Federal law counts a formal judgment of guilt. It also counts a case where adjudication was withheld, if you pleaded guilty or no contest, or admitted enough facts, and the judge ordered some punishment or restraint. That can catch a Florida withhold of adjudication and similar deals elsewhere. A sentence includes time that was suspended. So a deal your criminal lawyer called a good result can still be a conviction here. In California, a vacatur helps only for a legal defect: the Board and the Ninth Circuit reject vacaturs granted for immigration hardship, and in Matter of De Jesus-Platon a paper that did not name the subsection of Penal Code § 1473.7 was not enough. Before any plea, ask your defense lawyer about immigration consequences, as Padilla v. Kentucky requires, and speak with an immigration lawyer.
Which crimes make me deportable?
The main groups are these. One crime involving moral turpitude within 5 years of admission, if a sentence of 1 year or longer may be imposed, or two such crimes at any time after admission that are not part of one scheme. Any aggravated felony. Any drug conviction, except a single offense of possessing 30 grams or less of marijuana for your own use. Firearm offenses. Domestic violence, stalking and child abuse crimes, and violating certain protection orders. The 5-year moral turpitude ground looks at the possible sentence, not the one you got. Many aggravated felonies work the other way: theft and crime-of-violence offenses turn on a sentence of 1 year or more, counting suspended time, so 364 days and 365 days can differ greatly. The Board is strict: it treated a reckless assault causing moderate injury as moral turpitude. Give your lawyer certified records, because the exact statute of conviction often decides the case.
Can I be deported without any crime or overstay?
Yes. A person who falsely claims U.S. citizenship for a purpose or benefit under federal or state law is deportable, and so is a person who voted in violation of law, with a narrow exception. Check any voter registration form or job form you ever signed. See our page on fraud and false claims. Failing to report a change of address is also a ground, unless the failure was reasonably excusable or not willful. Becoming a public charge within 5 years of entry is listed too, for causes not shown to have arisen after entry. Security and foreign policy grounds exist, and in 2026 the Board treated a Secretary of State letter as presumptive evidence on the foreign policy ground. Report every move within 10 days through your USCIS online account or on Form AR-11, and never mark a citizen box. If you already did, speak to a lawyer before you file anything new.
What are my defenses once I am charged?
First, contest the charge: DHS must prove it, and many cases turn on whether a conviction fits the ground. Second, plan relief. Green card holders may seek cancellation of removal, and others may qualify for adjustment with a waiver, asylum or protection. A fraud waiver exists at § 237(a)(1)(H), but in February 2026 the Board limited it to fraud at the time of entry, not at adjustment of status, applied going forward. Third, deal with custody early. Certain crimes bring mandatory detention, and our bond hearing guide explains who can ask for release. Finally, missing court can produce an order in your absence, so report any new address to the court on Form EOIR-33 within 5 days. Ace Immigration's removal defense practice can review a Notice to Appear. Bring it with every court disposition.