Grounds of Inadmissibility & Waivers

In order to gain entry into the U.S., whether it is for temporary reasons or for permanent residence, a foreign national must meet all applicable statutory requirements and must demonstrate that s/he is not inadmissible under INA § 212(a). There are numerous grounds of inadmissibility.

Grounds of inadmissibility

The most common grounds of inadmissibility are:

(1) Health-Related Grounds

• Communicable Disease of Public Health Significance (INA 212(a)(1)(A)(i)

• Failure to Submit Proof of Vaccination INA 212(a)(1)(A)(ii), INA 212(a)(1)(A)(iii)

• Physical or Mental Disorder and Behavior Associated with the Disorder Which May Pose, or Has Posed a Threat, to Property or Safety, of the Applicant or Others and Which is Likely to Recur (INA 212(a)(1)(A)(iii)

• Drug Abuser or Addict, one who has engaged in “non-medical use of a controlled substance.” (INA 212(a)(1)(A)(iv)

(2) Criminal and Related Grounds

A variety of crimes can make an intending immigrant inadmissible to the United States. You become inadmissible to the U.S. if you have been convicted of, admit to having committed, or admit having committed acts that add up to the essential elements of one of the following:

• Crimes Involving Moral Turpitude (INA 212(a)(2)(A)(i)(I)

• Controlled Substance Violators (INA 212(a)(2)(A)(i)(II))

• Multiple Criminal Convictions (INA 212(a)(2)(B))

• Controlled Substance Traffickers and the Spouse, Son, or Daughter of Substance Traffickers Who Obtained Financial or other Benefit and Knew or have Known that the Financial Benefit was the Product of Illicit Activity within the Past Five Years (INA 212(a)(2)(C))

• Prostitution and Commercialized Vice Within the Past 10 Years of the Date of Application for a Visa, Admission, or Adjustment of Status (INA 212(a)(2)(D); and INA 212(a)(2)(A)(i)(I))

• Certain Aliens Involved in Serious Criminal Activity Who Have Asserted Immunity from Prosecution (INA 212(a)(2)(E))

• Foreign Government Officials Who Have Committed Particularly Severe Violations of Religious Freedom (INA 212(a)(2)(G))

• Significant Traffickers in Persons and Beneficiaries, Certain Family Members of Trafficker Who Obtained Financial or Other Benefit and Knew or Have Known that the Financial Benefit was the Product of Illicit Activity in Past 5 Years (INA 212(a)(2)(H))

(3) Security related grounds

• General Prejudicial Activities: Espionage, Sabotage, or Prohibited Export of Sensitive Technology, or Sensitive Information (INA 212(a)(3)(A))

• Terrorist Activities (INA 212(a)(3)(B))

• Entry Would Have Potentially Serious Adverse Foreign Policy Consequences (INA 212(a)(3)(C))Membership or Affiliation with Communist or Other Totalitarian Party, Domestic or Foreign (INA 212(a)(3)(D))

• Participation in Nazi Persecutions or Genocide and Commission of Acts of Torture or Extrajudicial Killings (INA 212(a)(3)(E))

• Associations with Terrorist Organizations (INA 212(a)(3)(F))Recruitment or Use of Child Soldiers (INA 212(a)(3)(G))

(4) Public Charge

• Public Charge (INA 212(a)(4)(A))

(5) Unlawful Entry and Immigration Violations

• Aliens Present Without Admission or Parole (INA 212(a)(6)(A))

• Failure to Attend a Removal Proceeding (INA 212(a)(6)(B))

• Fraud and Misrepresentation (INA 212(a)(6)(C)(i))

• False Claim of Citizenship (INA 212(a)(6)(C)(ii))

• Stowaways (INA 212(a)(6)(D))

• Smugglers (Knowingly Assisted) (INA 212(a)(6)(E))

• Subject of Civil Penalty or Final Order Under Section 274C (Document Counterfeiting) (INA 212(a)(6)(F))

• Student Visa Abusers (INA 212(a)(6)(G))

(6) Aliens Previously Removed

• Aliens Previously Removed (INA 212(a)(9)(A))

• Aliens Unlawfully Present (INA 212(a)(9)(B))

• Aliens Unlawfully Present After Previous Immigration Violations (INA 212(a)(9)(C))

(7) Documentation Requirements

• No Entry Documents – Immigrants (INA 212(a)(7)(A))

• Nonimmigrants Not in Possession of Passport Valid for Six Months, Nonimmigrant Visa, or Border Crossing Card (INA 212(a)(7)(B))

(8) Miscellaneous

• Practicing Polygamists (INA 212(a)(10)(A))

• Guardian Required to Accompany Helpless Alien (INA 212(a)(10)(B))

• International Child Abduction (INA 212(a)(10)(C))

• Unlawful Voters (INA 212(a)(10)(D))

• Former Citizens Who Renounced Citizenship to Avoid Taxation (INA 212(a)(10)(E))

What to do if you are found inadmissible

If you are found inadmissible, your visa application will be denied unless you qualify for a waiver. Certain grounds of inadmissibility can be waived by showing extreme hardship to your lawful permanent resident or U. S. citizen spouse, parent or child if your visa is not granted. Not all grounds of inadmissibility are eligible for a waiver and depending of which grounds you are inadmissible under, the qualifying relative for hardship purposes will differ.

There are many technical factors that control whether you can overcome a finding of inadmissibility. It is vital that you consult with an experienced attorney to see if your case qualifies for a waiver and if you have the relevant qualifying relative.

Contact me at (714) 743-2175 for a full and detailed analysis of your case!!