This week, we present the first of a series of ABCs articles dealing with grounds of inadmissibility to the U.S. To be “admitted” to the US one must be inspected by an immigration inspector at the port of entry. Not every person in the US has been admitted, such as those who have entered without inspection and those who have been paroled into the US. While the concept of “admission” was replaced with that of “entry” in 1996, admission remains the commonly used phrase.

What is inadmissibility and how can I tell if it applies to me?

The concept of inadmissibility arises in a number of contexts. It is an issue when the visa application is made and when the foreign national seeks entry to the US. It also comes up when a person in deportation proceedings is alleged to have been inadmissible at the time of entry or was not inspected at their entry. It can also be a factor is a permanent resident is alleged to have abandoned their permanent residency.

What are the grounds of inadmissibility?

There are 10 basic grounds of inadmissibility. These are:

·         Health related grounds;

·         Criminal grounds;

·         Security grounds;

·         Public charge grounds;

·         Labor certifications;

·         Undocumented entry and immigration status violations;

·         Documentation requirements;

·         Ineligibility for citizenship;

·         Previous removal or unlawful presence; and

·         Miscellaneous

Each of these grounds will be discussed in more detail in the upcoming weeks, but now a brief overview of each is provided.

What are health related grounds of inadmissibility?

Persons with communicable diseases that are considered significant public health risks are inadmissible. Among these diseases are HIV and tuberculosis. Also, a failure to show documentation of certain vaccinations is a ground of inadmissibility. Persons with a history of physical or mental disorders that have or may in the future pose a threat to the property, safety, or welfare of the person or others is inadmissible. Finally, people found to be drug abusers are inadmissible.

What are criminal grounds of inadmissibility?

A conviction of a crime involving moral turpitude makes a person inadmissible. However, a single offense that occurred before the age of 18 and more than five years ago will not be considered, nor will offenses for which the maximum punishment was only one year and the alien was sentenced to six months or less. Convictions for crimes involving controlled substances lead to inadmissibility. Convictions for more than one crime for which the person was sentenced to at least five total years in prison make a person inadmissible. Engaging in prostitution or commercialized vice is a basis for inadmissibility. A person who has committed a serious offense in the US and has claimed immunity from prosecution is inadmissible. Engaging in the persecution of other on the basis of their religious beliefs is a ground of inadmissibility, as is engaging in the trafficking of human beings.

What are security grounds of inadmissibility?

If a consular officer or USCIS inspector has a reasonable ground to believe that the person is coming to the US to engage in espionage or sabotage, or to violate any law relating to prohibitions on exports from the US, the person is inadmissible. Members of a group designated as a terrorist organization are inadmissible, as are people engaged in terrorist activities. If it is determined that the alien’s presence in the US would have negative foreign policy consequences, the person can be denied admission. People who were members of the Communist Party or other totalitarian organizations are generally inadmissible, as are people who assisted in Nazi era persecution. Finally, those who have engaged in genocide are inadmissible.

How are public charges related to inadmissibility?