Immigrants & Immigration

Non-citizens who meet the minimum requirements for lawful permanent residence (a green card) in the United States must show that they are not inadmissible.

There are many reasons why someone may be inadmissible to the United States. Common issues are:

Health-related grounds

These may include:

• Being diagnosed with a communicable disease of public health significance, or not showing proof of having received vaccination against certain preventable diseases
• Physical or mental conditions that may cause a person to be a threat to the property, safety, or welfare of the applicant or others
• Drug abuse or addiction

Criminal and related grounds

With some exceptions, an applicant is inadmissible if they have been convicted of, admits to having committed Includes juveniles in placement in the facility as part of a court order. , or admits to committing acts that constitute the essential elements of the following crimes:

• A crime involving moral turpitude or an attempt or conspiracy to commit such a crime
• A violation of a controlled substance law or regulation

Criminal grounds of inadmissibility also include:

• Having multiple criminal convictions,
• Trafficking in controlled substances, and 
• Prostitution and commercialized vice.

This issue can be very complicated. Here is additional information about how does being charged with a crime affect immigration?

Security and related grounds

A person is inadmissible to the United States if there is reasonable ground to believe that the person will participate in unlawful activity.

Terrorist activities fall under the security-related grounds of inadmissibility. There are many things that can be considered engaging in terrorism under immigration law, including hijacking, sabotage, assassination, and the use of biological or chemical agents. A person who endorses (supports) or spouses (promotes) terrorist activities is also inadmissible.

Illegal entry and immigration violations

An applicant is inadmissible if they are in the United States without having been properly admitted. Other reasons for inadmissibility under this category are:

• Failing to attend a removal (deportation) proceeding
• Engaging in willful misrepresentation or fraud The deception of someone(s) with intent to cause damage (not including  forgeries and counterfeiting). to obtain an immigration benefit
• Falsely claiming US citizenship, such as:
  • Using a false US birth certificate A legal document with a person's place of birth, time of birth, and parents to work
  • Checking a box on a mortgage A loan given by a bank that is used to help someone buy a home or driver's license application claiming to be a US citizen
  • Registering to vote or voting in a US election
  • Claiming in any other way to be a US citizen
• Encouraging or assisting another non-citizen to enter the United States in violation of law (smuggling)

Prior deportation orders 

A person who has been removed (deported) and re-enters or attempts to re-enter the US illegally is permanently inadmissible.

Unlawful presence

The three-year bar

A person who was previously unlawfully present in the US for more than 180 days but less than one year during a single stay is inadmissible for three years from the date of departure from the United States.

The ten-year bar

A person who was previously unlawfully present in the US for one year or more during a single stay is inadmissible for ten years from the date of departure from the United States.

The permanent bar

If someone enters or attempts to enter the US illegally after triggering the ten-year bar, they will be permanently inadmissible.