If you or a loved one is facing removal proceedings, you may see INA §237(a)(1)(A) listed as the basis for deportation. This section of immigration law is one of the most commonly charged grounds of removability, and it often comes as a shock especially to people who believed they entered the US legally.
The good news: many §237(a)(1)(A) cases are defensible, and in the right circumstances, removal can be avoided. At The Messersmith Law Firm, we regularly help clients challenge deportability findings, correct government errors, and secure relief that allows them to remain in the United States.
What Is INA §237(a)(1)(A)?
INA §237(a)(1)(A) applies to noncitizens who were inadmissible at the time of entry or adjustment of status. Sometimes that inadmissibility is discovered years later.
In simple terms, the government is saying:
“You should never have been admitted or granted a green card because you were inadmissible at the time.”
This charge is often raised during:
- Removal proceedings in immigration court
- Review of prior visa or green card applications
- USCIS interviews or rescission actions
Common Reasons USCIS or ICE Uses INA §237(a)(1)(A)
1. Misrepresentation or Fraud at Entry or Adjustment
If the government claims you made a false statement or omitted information during a visa or green card process, they may argue you were inadmissible under INA §212(a)(6)(C)(i) at the time and therefore removable now.
2. Prior Immigration Violations
Examples include:
- Overstays before adjustment of status
- Unauthorized employment
- Entry without proper documentation
Even if USCIS previously approved your application, ICE may later revisit those facts.
3. Criminal Grounds That Existed at the Time
If a criminal issue existed before admission or adjustment, whether disclosed or not, the government may argue you were inadmissible under INA §212(a)(2) at the time.
4. Medical or Public Charge Issues
In some cases, USCIS later claims a person was medically or financially inadmissible at the time permanent residence was granted.
Why INA §237(a)(1)(A) Cases Are Often Defensible
This ground of removability is legally complex and highly fact-specific. The government must prove:
- The inadmissibility existed at the time of entry or adjustment
- The ground of inadmissibility actually applied under the law
- The error was material and legally sufficient
Many cases fail because USCIS or ICE:
- Applies the wrong legal standard
- Misinterprets prior records
- Overstates alleged misrepresentations
- Ignores waiver eligibility
Why You Need an Experienced Immigration Attorney
INA §237(a)(1)(A) cases often involve old records, prior filings, and complex legal arguments. Mistakes can result in permanent removal, while the right approach can save your status.
Many of our clients come to us after another lawyer said nothing could be done and we were able to turn their case around. If you are facing deportation under INA §237(a)(1)(A), do not assume removal is inevitable. Early legal action can make all the difference.
Call 305-515-0613
Email info@messersmithlaw.com
Same-day consultations available