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Inadmissibility in the United States.

The law provides that inadmissibility refers to a condition under which a person does not meet the legal requirements to enter or remain in the United States. When someone is deemed inadmissible, he or she is denied entry into the country or is prevented from changing his or her immigration status or applying for certain immigration benefits, such as visas, green cards, or citizenship.

 

The following are the grounds on which a person may be deemed inadmissible to the United States:

Inadmissibility for health reasons:

  • 1. Persons with a communicable disease of public health significance:

    The government is responsible for determining the diseases in this category. The following disorders are considered to be communicable diseases that have a significant public health impact: chancroid, gonorrhea, granuloma inguinale, infectious leprosy, lymphogranuloma venereum, infectious syphilis, and active tuberculosis.

  • 2. Persons seeking immigrant status who have not received the required immunizations against vaccine-preventable diseases.

    The law provides that a person may be deemed inadmissible if he or she fails to demonstrate that he or she has been vaccinated against vaccine-preventable diseases. In addition to certain mandatory vaccinations, the Department of Health and Human Services, the CDC, and the Advisory Committee on Immunization Practices have the authority to require additional vaccinations.

  • 3. Persons who have or have had a physical or mental disorder associated with risky behaviors or risky behaviors that are likely to recur.

    3. Persons who have or have had a physical or mental disorder associated with risky behaviors or risky behaviors that are likely to recur. Any behavior that poses a threat to persons or property is considered dangerous. If a physical or mental disorder and its associated behavior pose a threat to the safety of oneself or others, it may be considered inadmissible in the United States. It is important to note that a disorder alone, without dangerous behavior, does not cause inadmissibility.

  • 4. Persons with excessive drug use or drug addiction

    Excessive drug use or addiction to substances listed in Section 202 of the Controlled Substances Act may cause inadmissibility. An immigration physician evaluates this and considers whether you are in remission. Assessment guidelines are found in the CDC's Technical Instructions for Migration Physicians on Physical or Mental Disorders with Associated Dangerous Behaviors and Substance-Related Disorders.

Inadmissibility for criminal activity:

  • 1. Crimes of "moral turpitude".

    Federal law does not define "moral turpitude," but courts describe it as an act that is essentially base, vile or depraved, and contrary to conventional rules of morality and obligations between persons or toward society at large.

  • 2. Violation of any controlled substance law.

    Any violation of any law, foreign or domestic, relating to illegal drugs may cause inadmissibility.

  • 3. Multiple criminal convictions

    If a person has been convicted of two or more crimes and has received a total of five or more years in prison, he or she is considered inadmissible, regardless of whether the crimes were morally vile or whether the convictions stem from a single criminal trial or scheme.

  • 4. Drug Trafficking

    If an immigration officer "knows or has reason to believe" that a person has engaged in trafficking in controlled substances, that person will be deemed inadmissible to the United States. This includes those who aid, abet, conspire or collude with others in illegal drug trafficking.

  • 5. Prostitution

    Those who seek to engage in prostitution in the United States or have done so within the last ten years prior to their application for a visa, adjustment of status or entry are considered inadmissible. This also affects those who have profited from prostitution.

  • 6. Lenocinio

    Any person who intends to come to the United States to engage in the illegal activity of prostitution is inadmissible.

  • 7. The commission of a felony in the United States for which a person has asserted prosecutorial immunity.

    A person who has committed a felony and has been granted immunity from prosecution is considered inadmissible if he or she leaves the United States and does not return to surrender to the jurisdiction of the federal court in charge of the criminal proceeding.

  • 8. Violations of religious freedom

    Any person who, while serving as an official of a foreign government, has directly violated or has been responsible for serious violations of religious freedom shall be considered inadmissible.

  • 9. Trafficking in Persons.

    Any person who engages in trafficking in persons or conspires to traffic in persons or aids, abets, or conspires with a trafficker in persons within or outside the United States shall be deemed inadmissible.

  • 10. Money Laundering.

    Any person who participates in, solicits participation in, or seeks to enter the United States to participate in offenses related to the laundering of financial instruments shall be inadmissible.

Inadmissibility on national security grounds.

  • 1. Any person whom a Department of State consular officer, DHS immigration officer, or DOJ immigration judge knows or has reasonable grounds to believe, as a noncitizen, seeks to enter the U.S. for espionage, sabotage, or unlawful activities is inadmissible.

  • 2. Any person whom a Department of State consular officer, DHS immigration officer, or DOJ immigration judge knows or has reasonable grounds to believe, as a noncitizen, is involved in terrorism or has terrorist ties is inadmissible.

  • 3. Any person whom a Department of State consular officer, DHS immigration officer or DOJ immigration judge knows or has reasonable grounds to believe represents a threat to foreign policy or is a member of a totalitarian party may be inadmissible.

  • 4. Any person who has participated in Nazi persecution or genocide will be considered inadmissible.

Inadmissibility due to likelihood of becoming a public charge:

 

A public charge refers to someone who is primarily dependent on the government for subsistence. Factors such as health, family, age, assets, work, and education determine whether someone may be a public charge. If an officer determines that he or she is likely to become primarily dependent on the government for subsistence, that person will be considered inadmissible as a public charge.

Inadmissibility for lack of labor certification:

 

This criterion determines the inadmissibility of certain persons seeking to permanently enter (as immigrants) the United States and work unless the Secretary of Labor certifies that:


1. Employing that person will not affect the wages and working conditions of U.S. workers in similar jobs; and

2.There are not enough U.S. workers willing, qualified, and able to perform the same work.

Inadmissibility for fraud or making false statements

 

Any person who seeks admission to the United States, a visa or other travel or immigration entry document, or any immigration benefit by fraud or willful misrepresentation will be deemed inadmissible.

Inadmissibility for prior removals and/or unlawful presence

  • 1. Individuals who have been barred from returning to the United States because they have been in the country for more than 180 days in a single stay and have subsequently left the United States.

  • 2. Persons who have been barred from returning to the United States because they were removed (or excluded or deported) from the United States or left the United States of their own free will while a final order of removal was pending.

  • 3. Persons who unlawfully remained in the United States for a total of one year (either on a single or multiple stays) AND then unlawfully (without inspection and admission or inspection and given conditional permission) reentered the United States.

  • 4. Any person who participated in Nazi persecution or genocide will be deemed inadmissible.

Miscellaneous grounds of inadmissibility:

  • 1. persons who entered the country illegally (without inspection and admission or without conditional permission); 2. persons who entered the country illegally (without inspection and admission or without conditional permission)

  • 2. Persons who failed to attend immigration and/or removal hearings.

  • 3. Smugglers

  • 4. Persons who have violated student visa conditions.

  • 5. Former U.S. citizens who renounced citizenship for tax evasion purposes.

  • 6. Practicing polygamists

  • 7. Illegal voters

  • 8. International child abductors and family members of such abductors.