The first requirement for any foreign national (non-citizen) wishing to come to the United States, whether on a temporary visa or with permanent residence, is to be eligible for the status they seek. To use an obvious example, someone seeking a green card (lawful permanent residence) as the parent of a U.S. citizen had better have an actual U.S. citizen child. However, there is a second big hurdle to clear. Applicants can be denied U.S. immigration benefits (or in technical language, “admission” to the U.S.) if they’re found “inadmissible.”
In literal terms, that means they can be stopped at the U.S. port of entry and sent away, or their application can be rejected (even if they’re already in the United States). Exactly what can make a person inadmissible is the subject of this article.
Where Do the Grounds of Inadmissibility Come From?
U.S. immigration law contains a list of grounds of inadmissibility, at Immigration and Nationality Act or I.N.A. § 212, 8 U.S.C. § 1182. Some grounds are relatively straightforward, while others require a professional medical or legal opinion to determine whether they apply. Some can be overcome with a cure or a successful application for a “waiver” (legal forgiveness), others not. Some wash out after a certain number of years, others are permanent. And some grounds of inadmissibility are automatically waived for applicants for certain types of benefits.
As you begin filling out the required forms and preparing paperwork, you'll notice that all immigration-related applications are designed to elicit information about the various grounds of inadmissibility. This inquiry will be backed up by required security checks, medical exams (in the case of immigrant visas or lawful permanent residence), and so on.
Below is a summary of the full list of the grounds of inadmissibility found in U.S. immigration law. Know, however, that we can’t cover every exception or permutation in the space of one article, and will not cover the possible waivers here.
Health-Related Grounds of Inadmissibility
A person with a communicable disease of public health significance is inadmissible. As a practical matter, that usually doesn't affect people suffering from anything other than tuberculosis. For instance, some communicable diseases are short-term, and you could simply wait until you've recovered. And some diseases (such as cancer or diabetes) are not communicable; in other words, other people cannot catch them from you.
A person with a physical or mental disorder who therefore behaves in a way that could threaten their or others’ property, safety, or welfare is also inadmissible. So is someone who uses or is addicted to drugs. Failure to get the required vaccines for U.S. entry can make applicants for immigrant visas (permanent residence) inadmissible. (COVID-19 is now among the required vaccines.)
Criminal and Related Grounds of Inadmissibility
A person will be found inadmissible to the United States for having:
- been convicted of or admitted to committing a "crime of moral turpitude" or a controlled substance violation
- been convicted of two or more offenses of any type and received aggregate sentences of five or more years
- trafficked or assisted in the trafficking of controlled substances, or knowingly benefitted from a spouse or parent's trafficking activities
- come to the U.S. to engage in prostitution or commercialized vice
- previously left the U.S. as a condition of receiving immunity from prosecution for a serious crime committed in the U.S.
- engaged in severe violations of religious freedoms as an official in a foreign government
- engaged in trafficking in persons or knowingly benefitted from a spouse or parent's trafficking, or
- taken part in money laundering or come to the U.S. to launder money.
Notice that some of these don't even require an actual criminal conviction on one's record. Fully analyzing most of the items on this list will require a lawyer's assistance.
Security and Related Grounds of Inadmissibility
Someone who is an anarchist or who advocates the forceful overthrow of the U.S. government is inadmissible, as are Communists, members of a totalitarian or Nazi party or any of various other subversive organizations, or anyone who has participated in genocide.
In current times, the primary security concern for immigration purposes has been terrorism. Not only are people who have or are likely to engage in terrorist activities considered inadmissible, but also members or official representatives of terrorist groups or groups that endorse terrorism, spouses or children of people found inadmissible on terrorist grounds, and more.
In addition, U.S. State Department approval will be necessary for any applicant whose passport is from a country designated as a state sponsor of terrorism or who works in any of a list of particular high-technology fields.
In addition to the terrorism grounds, anyone who is believed to be seeking U.S. entry in order to engage in espionage, violent opposition to the U.S. government, or any other unlawful activity is inadmissible. The same goes for someone whose activities in the United States would be adverse to the country's foreign policy.
Immigration Law Violations as Grounds of Inadmissibility
A foreign national who enters the United States without having been formally admitted or paroled, or who arrives at a place other than a designated port of entry (for example, tries to swim across the border), or who stays beyond the expiration date of their nonimmigrant status (typically shown on the I-94 document created upon U.S. entry), as well as one who has been removed from the U.S., may be found inadmissible.
This creates particular problems for immigrants who have lived in the United States unlawfully. Their inadmissibility creates a years-long bar to U.S. admission. (The bar is three years if they've spent 180 days or more in the U.S. unlawfully, and ten years if they've spent more than 365 days in the U.S. unlawfully.)
Some applicants can get around the bar by not leaving the U.S. and instead "adjusting status" (applying through USCIS), but for the most part, only immediate relatives (spouses, parents, and minor children of U.S. citizens) who entered the U.S. legally, without any fraudulent intent, can adjust status. Those who can't adjust status will need to leave the United States for a consular interview before being approved for a green card, in which case their best bet is to apply for an I-601A waiver (if eligible) before departure.
Public Charge Ground of Inadmissibility
An applicant for immigration benefits who appears likely to become a so-called "public charge," that is, to need government assistance, is inadmissible. U.S. immigration authorities will consider various factors in making this determination, including the person's age, health, family status, assets, resources, and financial status.
In addition, some applicants will have to show that their sponsor will provide financial backup, by having them file an "affidavit of support." This is required of nearly all family-based applicants and a select group of employment-based applicants.
Failure to Supply Required Documentation as a Ground of Inadmissibility
Some of the grounds of inadmissibility have to do with basic procedural requirements.
For example, an employer wishing to hire and sponsor an immigrant must first obtain what's called "labor certification," through the "PERM" process.
Also, someone who arrives at a U.S. port of entry without the required travel documents, including those establishing identity and nationality, as well as a valid immigrant visa, border crossing card, or other entry document, will be found inadmissible.
Permanent Ineligibility for U.S. Citizenship as a Ground of Inadmissibility
Although it's looking far down the road, any would-be immigrant who is "permanently ineligible" for U.S. citizenship" is inadmissible. That sounds broader than it is, given that the law defines "ineligible to citizenship" as someone who is, or was at any time permanently debarred from becoming a U.S. citizen under the Selective Service laws. (See 8 U.S.C. § 1101(a)(19).)
Also inadmissible is any applicant who has departed from or remained outside the United States so as to avoid military training or service during wartime.
Other Grounds of Inadmissibility
There's a miscellaneous handful of other grounds of inadmissibility on the list. This includes having entered the United States to practice polygamy, being an international child abductor, having voted unlawfully in an election in the United States, and having renounced citizenship so as to avoid taxation.
Get an Attorney's Help
Consult with an experienced immigration attorney to find out whether you might be inadmissible on any grounds, or whether you qualify for an exception or could apply for a waiver in order to move forward with your application for a visa, green card, or other immigration benefit.