Grounds of Inadmissibility

An individual who is not a citizen or a permanent resident of the U.S. is considered a foreign national.  Foreign nationals are not permitted to seek admission to the United States or apply for a green card in certain instances. These instances are called grounds of inadmissibility. Grounds of inadmissibility apply if any of the following conditions are present.

Communicable Diseases

A foreign national is inadmissible to the United States if he suffers from any of the diseases mentioned below:

  • Tuberculosis
  • Infectious Hansen’s disease
  • Gonorrhea
  • Syphilis, or
  • Any disease noted as such by the World Health Organization (WHO) or the U.S. President.

For more information on communicable diseases, click here. 

 Lack of Vaccination

All individuals intending to immigrate to the United States must present proof of vaccination against the following diseases:

  • Mumps
  • Measles
  • Rubella
  • Polio
  • Tetanus
  • Diphtheria toxoids
  • Pertussis
  • Influenza type B
  • Hepatitis A
  • Hepatitis B
  • Rotavirus Meningococcal
  • Varicella
  • Pneumococcal
  • Covid 19

An individual is inadmissible if they cannot provide proof of vaccination against the diseases mentioned above.

Physical or Mental Disorders

Individuals are inadmissible if their existing physical or mental disorders threaten the general public’s property, safety, or welfare. Physical or mental disorders are defined by the Manuals of the International Classification for Diseases, Injuries, and Causes of Death (ICD) published by the WHO. 

Drug Abusers or Addicts

Drug abusers and addicts are inadmissible to the United States.

Abuse or addiction is defined as dependence or abuse of any substances listed in the Controlled Substance Act Section 202. To make a drug or addiction-related diagnosis, the panel physician must document the use of the substance and the behavioral, physical, and psychological effects associated with this use. Substance use disorder is present when several symptoms fall within groupings related to social impairment, risky use, or pharmacological criteria.

Notably, recreational marijuana use is legal in many states but illegal under federal law. Additionally, chronic alcoholism is not a ground for inadmissibility. Still, it may be used to evaluate mental and physical disorders associated with harmful behavior.

Individuals can demonstrate complete remission of a substance-related disorder if they stop using drugs more than 12 months before their medical examination. Consequently, this demonstration may cure inadmissibility.

Criminal Grounds

Foreign nationals are inadmissible for the following criminal activity

1. Controlled substance violations

Inadmissibility under controlled substance violations occurs either if an individual is convicted of a controlled substance offense or if an individual is believed to be a controlled substance trafficker. This belief should be based on reasonable and substantial evidence. Inadmissibility based on drug trafficking also applies to spouses or children of controlled substance traffickers who knowingly obtained either a financial or another benefit from such an activity.

2. Crimes involving moral turpitude

Individuals become inadmissible if they are convicted of a crime involving moral turpitude. They also become inadmissible if they admit to committing such a crime. Moral turpitude refers to an inherently base, vile, or depraved conduct.  This conduct is contrary to a society’s accepted rules of morality.  Generally, Moral turpitude involves a behavior that is shocking to the public; it also violates the duties owed between persons in society or to society in general. 

3. Multiple convictions

Conviction of two or more crimes resulting in a confinement sentence in an aggregate of five years or more causes inadmissibility. This category includes multiple convictions occurring in a single trial or flowing from a single act.

4. Prostitution and commercialized vice

Individuals who have engaged in prostitution within the last ten years or have financially benefitted from a person involved in such activities are inadmissible.

5. Foreign Officials Responsible for Violations of Religious Freedom

Foreign government officials are inadmissible if they commit systematic, ongoing, and severe violations of religious freedom. These violations include torture, prolonged detention without charges, the disappearance of persons, and other flagrant denials of the right to life, liberty, or security.

6. Human Trafficking

Individuals who commit human trafficking offenses in the United States are inadmissible. Human Trafficking includes sex trafficking and recruitment, harboring, or transportation of people for the purpose of involuntary servitude.  Involuntary servitude means that one individual forces another into his service through the use of force or fraud. 

Spouses and children who knowingly obtained financial or other benefits from the activity mentioned above within the previous five years are also inadmissible.

National Security Grounds

Foreign nationals are not permitted to enter the United States if their admission would bring about serious foreign policy consequences. Additionally, the following individuals are also inadmissible under national security grounds:  Individuals who commit espionage or terrorist activity, members of the communist party, or participants in Nazi persecution or genocide.  

Foreign National Present Without Permission or Parole

Individuals present in the United States without being admitted or paroled are inadmissible.

Admission means that a foreign national has been admitted to the United States after being authorized and inspected by an immigration officer at a port of entry or an airport. 

Parole allows foreign nationals to enter the U.S. and temporarily stay without a visa or green card.  It is granted to certain individuals for urgent humanitarian reasons such as medical treatment, visiting a sick family member, or attending a funeral.  It is also granted for a significant public benefit, such as to appear for and participate in civil or criminal legal proceedings in the U.S. 

Failure to Attend Removal Proceedings

Foreign Nationals who fail to attend previous removal proceedings in the United States without reasonable cause are not admissible in the United States for five years following their subsequent departure. The period of inadmissibility increases to 10 years in certain circumstances. Reasonable cause is defined as something that is not within the reasonable control of a person.

Fraud or Willful Misrepresentation

A foreign national will be inadmissible if they commit willful misrepresentation or fraud in obtaining a visa, admission, or documentation related to admission into the United States. However, only material misrepresentations made to the U.S officials create a bar to admission. Regardless, a timely retraction of misrepresentation can prevent inadmissibility.

False Claim of U.S Citizenship

Any foreign national who falsely represents themselves as a citizen of the United States is inadmissible. This representation includes obtaining a driver’s license, gaining a public benefit, voting in U.S. elections, false claims to gain admission to the U.S., or fraudulent claims of U.S citizenship on Form I-9 to obtain employment.

False Documents

Foreign nationals become inadmissible if they create or use false documents to satisfy an immigration requirement or gain an immigration benefit.

Deportations

Foreign nationals who have been deported under expedited removal are inadmissible for five years.  Expedited removal may be applied by low-level immigration officers to individuals who are undocumented or have committed fraud or misrepresentation.

Most other deportations make foreign nationals inadmissible for ten years. Any subsequent deportations cause inadmissibility for twenty years. Additionally, any foreign national convicted of an aggravated felony is permanently barred from entering the U.S.

Unlawful Presence

Foreign nationals are inadmissible if they are unlawfully present in the United States. Unlawful presence occurs if a foreign national overstays an authorized period of visit in the U.S or enters the U.S. without being admitted or paroled.

Unlawful presence of over 180 days but less than a year causes inadmissibility for three years. Similarly, unlawful presence of over one year results in inadmissibility for ten years.

Periods of unlawful presence are counted separately.  Therefore, inadmissibility only applies when a single period of stay exceeds 180 days or more.

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