What is Inadmissibility?
Individuals who are inadmissible are not permitted by law to enter or remain in the United States. The Immigration and Nationality Act (INA) sets forth grounds for inadmissibility. The general categories of inadmissibility include health, criminal activity, national security, public charge, fraud and misrepresentation, unlawful presence in the United States, and several miscellaneous categories.
For certain grounds of inadmissibility, it may be possible for a person to obtain a waiver of that inadmissibility. In some cases, exceptions are written into the law and no waiver is required to overcome the inadmissibility because the inadmissibility does not apply if the individual meets the exception. Examples include exceptions for aliens who have been battered, abused or subjected to extreme cruelty, who are victims of severe forms of trafficking, and who are minors.
Following are some inadmissibility grounds:
- Inadmissibility due to health issue such as some communicable disease(s).
- Inadmissibility due to criminal reasons.
- Inadmissibility due to national security reasons.
- Inadmissibility due to likelihood of becoming a public charge.
- Inadmissibility due to lack of labor certification for those visa or immigration options which require labor certification.
- Inadmissibility due to fraud or misrepresentation which are material
- Inadmissibility due to prior removals and/or unlawful presence
- Miscellaneous grounds such as
- Persons who entered the country illegally (without being inspected and admitted or paroled)
- Persons who failed to attend immigration and/or removal hearings
- Smugglers
- Student visa abusers
- Former U.S. citizens who renounced citizenship to avoid taxation
- Practicing polygamists
- Unlawful voters
- International child abductors and relatives of such abductors
Similarly, Immigration and Nationality Act (INA) provides for categories of “deportable aliens (non-citizens).” The legal provisions in INA governs the deportability of non-citizens who are in the United States and was admitted into the U.S. The law also provides for several grounds for waivers of deportability and provides some exceptions from specific deportability grounds.
Law provides the classes of deportable aliens:
Any alien (including an alien crewman) in and admitted to the United States shall, upon the order of the Attorney General, be removed if the alien is within one or more of the following classes of deportable aliens:
(1) Inadmissible at time of entry or of adjustment of status or violates status
(A) Inadmissible aliens
Any alien who at the time of entry or adjustment of status was within one or more of the classes of aliens inadmissible by the law existing at such time is deportable.
(B) Present in the U.S. in violation of law
Any alien who is present in the United States in violation of immigration or any other law of the United States, or whose nonimmigrant visa (or other documentation authorizing admission into the United States as a nonimmigrant) has been revoked is deportable.
(C) Violated nonimmigrant status or condition of entry
(i) Nonimmigrant status violators
Any alien who was admitted as a nonimmigrant and who has failed to maintain the nonimmigrant status in which the alien was admitted or to which it was changed or to comply with the conditions of any such status, is deportable.
(ii) Violators of conditions of entry
Any alien whom the Secretary of Health and Human Services certifies has failed to comply with terms, conditions, and controls that were imposed under vaccination requirements under the law is deportable.
(D) Termination of conditional permanent residence
(i) In general
Any alien with permanent resident status on a conditional basis (relating to conditional permanent resident status for certain alien spouses and sons and daughters or relating to conditional permanent resident status for certain alien entrepreneurs, spouses, and children) who has had such status terminated under such respective section is deportable.
(E) Smuggling
Any alien who knowingly has encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the United States in violation of law is deportable.
(G) Marriage fraud
An alien shall be considered to be deportable as having procured a visa or other documentation by fraud and to be in the United States
(2) Criminal offenses
(A) General crimes
(i) Crimes of moral turpitude
(ii) Multiple criminal convictions
(iii) Aggravated felony
(iv) High speed flight
Any alien who is convicted of a violation relating to high speed flight from an immigration checkpoint) is deportable.
(v) Failure to register as a sex offender
(B) Controlled substances (illegal drugs)
(i) Convicted of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance including more than 30 grams of marijuana, is deportable.
(ii) Drug abusers and addicts
(C) Certain firearm offenses
Any alien who at any time after admission is convicted under any law of purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon, part, or accessory which is a firearm or destructive device in violation of any law is deportable.
(D) Miscellaneous crimes
Any alien who at any time has been convicted (the judgment on such conviction becoming final) of, or has been so convicted of a conspiracy or attempt to violate–
(i) any offense relating to espionage
(ii) relating to sabotage
(iii) relating to treason and sedition
(iv) a violation of any provision of the Military Selective Service Act
(v) a violation of Travel control of citizens and aliens law
(vi) The importation into the United States of any alien for the purpose of prostitution, or for any other immoral purpose, is forbidden, and alien is deportable for doing so.
(vii) Crimes of domestic violence, stalking, or violation of protection order, crimes against children and
(F) Trafficking
(i) Any alien involved in significant traffickers in persons is deportable.
(ii) Failure to register and falsification of documents
(iii) Intentionally failing to report Change of address to USCIS
(iv) Failure to register with USCIS.
(v) Failure ot register as the Foreign Agents with U.S. Department of Justice
(vi) Falsification of documents or an attempt or a conspiracy to violate law relating to fraud and misuse of visas, permits, and other entry documents is deportable.
(G) Document fraud
(i) An alien who is the subject of a final order for violation of document fraud is deportable.
(H) Falsely claiming U.S. citizenship for any purpose or benefit
(I) Security and related grounds
(i) Any alien who has engaged, is engaged, or at any time after admission engages in any activity to violate any law of the United States relating to espionage or sabotage or to violate or evade any law prohibiting the export from the United States of goods, technology, or sensitive information,
(ii) any other criminal activity which endangers public safety or national security, or
(iii) any activity a purpose of which is the opposition to, or the control or overthrow of, the Government of the United States by force, violence, or other unlawful means, is deportable.
(J) Terrorist activities
Any alien who is involved terrorist related activities is deportable.
(K) Foreign policy
(i) An alien whose presence or activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States is deportable.
(L) Participated in Nazi persecution, genocide, or the commission of any act of torture or extrajudicial killing is deportable.
(M) Participated in the commission of severe violations of religious freedom
(N) Alien engaged in recruitment or use of child soldiers is deportable.
(O) Alien who become public charge (on government aids).
(P) Unlawful voters in U.S. federal, state or local elections.
(Q) Deportation of certain nonimmigrants in A or G status with approval of State Department or in case of security and related grounds.
NOTE: Administrative stay from deportation for those with nonimmigrant T or US visa visa application is pending with USCIS.
Moreover, the Secretary of Homeland Security has broader authority to grant a stay of removal or deportation in any case not described above.
Note: This is a blog post by Adhikari Law PLLC as an informational purpouse only and should NOT be construed as a legal advice.
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