Understanding What it Means to be Inadmissible To the United States

Navigating the complexities of immigration can be overwhelming. Understanding why someone may be deemed inadmissible to the United States is crucial for anyone seeking to enter the country. Inadmissibility can occur for various reasons, including criminal history, health-related issues, or security threats. Knowledge is your best ally in this process.

What does it mean to be Inadmissible to the United States?

Grounds of Inadmissibility apply to non-citizens who are seeking “admission” to the U.S. “Admission” is the term for a lawful entry into the U.S. that occurs after being inspected by and authorized by an immigration officer. An “Applicant for Admission,” refers to:

(1) Non-citizens who arrive at a port-of-entry to the U.S.;

(2) Non-citizens who are already in the U.S. without being lawfully admitted, and;

(3) Nonimmigrants who are in the U.S. and are applying for Adjustment of Status.

If you are inadmissible to the U.S. for any of the following reasons, you may be ineligible to apply for certain immigration benefits and forms of relief. There are exceptions and waivers allowed for certain grounds of inadmissibility. See “Waiver of Inadmissibility,” below to learn more.

Inadmissibility Grounds:

Health-Related Grounds

  • Communicable Disease (Ex. Tuberculosis or certain STDs)
  • Drug Abusers or Addicts
  • Physical or Mental Disorders

Illegal Entrants & Immigration Violators

  • Entry Without Inspection (EWI)
  • Failure to Attend Removal Proceedings
  • False Claim to U.S. Citizenship
  • Fraud or Misrepresentation
  • Smugglers
  • Stowaways
  • Unlawful Presence after Previous Removal from U.S.

Criminal-Related Grounds

  • Controlled Substance Violations
  • Crimes involving Moral Turpitude (CIMT)
  • Drug Trafficking (no conviction required)
  • Human Trafficking
  • Money Laundering
  • Multiple Criminal Convictions with a total aggregate prison sentence of 5 years or more
  • Prostitution or Commercial Vice
  • Practicing Polygamists
  • Spouse/ Child of Drug Trafficker Benefited from Drug Trafficking within past 5 years
  • Spouse/ Child of Human Trafficker Benefited from Human Trafficking within past 5 years

National Security-Related Grounds

  • Foreign Govt Officials who committed
  • particularly severe violations of human rights
  • Membership into Totalitarian Party
  • Nazis, Participants in genocide, torture or extrajudicial killings
  • Terrorists

Economic Grounds

  • Public Charge

Other Inadmissibility Grounds

  • Persons Subject to Civil Penalty

The Shapiro Law Firm – Your Trusted Lawyers in New York City

If you have questions about your admissibility, contact us today for a confidential case evaluation.