Remigration Act

(t) Termination of nonimmigrant status for serious criminal offenses

(1) Termination of status. Any alien admitted to the United States in a nonimmigrant status who is convicted of a serious criminal offense shall have such nonimmigrant status terminated as of the date of such conviction.

(2) Visa revocation. The Secretary of State shall revoke any nonimmigrant visa issued to an alien described in paragraph (1), consistent with section 221(i).

(3) Removability. An alien whose nonimmigrant status is terminated under paragraph (1) shall be removable under section 237(a).

(4) Removal proceedings. Except as provided in paragraph (5), an alien described in paragraph (1) shall be placed in proceedings under section 240.

(5) Expedited removal for certain offenders. An alien described in paragraph (1) who has been convicted of an offense that renders the alien removable as an aggravated felon under section 237(a)(2)(A)(iii) may be subject to expedited removal under section 238, as otherwise provided by law.

(6) Rule of construction. Nothing in this subsection shall be construed to—

(A) limit the authority of the Secretary of Homeland Security or the Attorney General to initiate removal proceedings on any other ground under this Act; or

(B) require the initiation of expedited removal proceedings under section 235(b)(1) for an alien who has been admitted to the United States.

(7) Definition of serious criminal offense

(A) In general. In this subsection, the term serious criminal offense means—

(i) any felony under Federal or State law;

(ii) any misdemeanor offense under Federal or State law for which—

(I) the maximum term of imprisonment authorized is more than 1 year; or

(II) a sentence of more than 90 days’ imprisonment is imposed; or

(iii) any offense described in section 212(a)(2) or section 237(a)(2), regardless of the term of imprisonment.

(B) Exclusions. The term serious criminal offense does not include—

(i) any offense classified by the jurisdiction as an infraction, civil offense, or violation for which no term of imprisonment is authorized;

(ii) any purely regulatory, licensing, or revenue offense; or

(iii) any offense for which the only penalty imposed is a fine not exceeding $500.