What does it mean to be ‘inadmissible’?
Applicants who are ‘inadmissible’ are not permitted by law to enter or remain in the United States. In other words, applicants who have a ‘ground of inadmissibility’ against them cannot obtain a family green card unless one of two things happen:
- The applicant is exempt from the ground of inadmissibility because of an exception that has been written into the U.S. immigration law.
- The applicant submits and obtains a ‘waiver’ to ‘overcome’ the ground of inadmissibility. In other words, applicants ask U.S. immigration agencies that the ground of inadmissibility against them be removed (‘forgiveness’).
What are the categories of inadmissibility?
The most frequent categories of inadmissibility include –>
- Entry without inspection (entering the United States without being inspected and admitted, or without being inspected and paroled)
- Having been in the United States for a period in excess of 180 days, during a single stay, and then departed the United States. (3-year bar from returning to the United States)
- Having been removed (or excluded or deported) from the United States or departed the United States on their own volition while a final order of removal was outstanding.
- Having been unlawfully in the United States for a total of one year (whether accrued during a single stay or multiple stays) AND then, illegally reentered the United States. (permanent bar from returning to the United States)
- Fraud and misrepresentation (Any person who seeks admission to the United States, a visa or other immigration travel or entry document, or any immigration benefit by fraud or willfully misrepresenting a material fact is inadmissible)
- Having failed to attend immigration and/or removal hearings
- Having renounced U.S. citizenship to avoid taxation
- Having a communicable disease of public health significance;
- Having failed to receive necessary vaccinations against vaccine-preventable diseases;
- Having a physical or mental disorder combined with a harmful behavior;
- Being a drug abuser or addict.
Applicants may be found inadmissible if a Department of State consular officer, DHS immigration officer, or DOJ immigration judge, knows or has reasonable ground to believe that the non-citizen:
- Seeks to enter the United States to engage in espionage or sabotage, to attempt to overthrow the U.S. government, or to engage in any unlawful activity
- Has participated in any terrorist activities or has any association with terrorist organizations, governments or individuals
- Presents a threat to foreign policy or has membership in any totalitarian party
- Has participated in Nazi persecutions or genocide
A public charge is a person who is primarily dependent on the government for subsistence. Applicants likely to become a public charge are inadmissible)
“Alien smuggling” is the term given to the act of assisting anyone in any way and at any time to enter the United States unlawfully, regardless of whether that person is a family member, or whether it was done for monetary gain. Alien smuggling does not just cover professional smugglers; it also applies to people who bring in their family members.)
Applicants who are planning to practice the custom of having more than one wife or husband at the same time are inadmissible.
Applicants who were not allowed to vote in a Federal, state, or local election but voted anyway are inadmissible.
Student visa abusers
International child abductors and relatives of such abductors