Immigrants & Immigration

Inadmissibility refers to a set of rules that apply when someone wants to be “admitted” to the US. Being “admitted” means they are being legally allowed to physically enter the US from outside the US. It can also mean a person is already physically in the US, but wants to change their immigration status.

If a person has issues with one or more of the rules, they will not be admitted to the US. This means they are inadmissible.

There are different types of inadmissibility rules, including rules about public health, criminal issues, and immigration violations. This is not a complete list of inadmissibility grounds, only some of the more common grounds. A complete list can be found in the statute, and the USCIS Policy Manual.

The inadmissibility rules apply to people who want to be “admitted” to the US. The following people are considered to be seeking admission:

• People at the border trying to enter with a nonimmigrant visa, visa waiver, A document that gives up a legal right or excuses a requirement or immigrant visa,
• People in the US applying for lawful permanent resident (LPR or green card) status,
• People applying for certain other immigration benefits including U visas and Temporary Protected Status,
• People applying to be paroled into the US,
• Crewmembers of non-US aircraft and sea vessel, and
• Certain LPRs.

The government will apply the inadmissibility rules when they are deciding to let the above people into the country.

There are sometimes exceptions to the inadmissibility rules. For example, the public charge ground of inadmissibility does not apply to people applying for LPR status under the Violence Against Women Act.

Then they are not allowed to be admitted to the US. Even if a person is inadmissible, they may be able to apply for a waiver. A document that gives up a legal right or excuses a requirement If a waiver is approved, then they may be allowed to get their status if they meet all other requirements. 

A person who falls under an exception to the inadmissibility rules does not need to file a waiver.

Many people seeking admission to the US must prove they are not inadmissible for health-related reasons. 

Health-related inadmissibility grounds include:

• Being diagnosed with a communicable disease of public health significance,
• Not having proof of vaccination against certain preventable diseases, like mumps, measles, and rubella,
• Physical or mental conditions that may cause a person to be a threat to the property, safety, or welfare of the applicant or others, and
• Drug abuse or addiction.

To prove they can come in, a person must get a medical exam and get certain vaccines. When a medical exam is required, it must be completed by a specific type of doctor. Only doctors listed as a “civil surgeon” by US Citizenship and Immigration Services (USCIS) can do exams in the US.

Only doctors listed as a “panel physician” by the Department of State (DOS) can conduct these exams outside of the US. Every country has different requirements for who can be a panel physician. The DOS website contains country-specific medical exam instructions for most countries. Website visitors must select the country where their consular interview is held to find more information.

Yes. With some exceptions, an applicant is inadmissible if they have been convicted of certain crimes. This includes a conviction When someone is declared guilty of a crime by a court for violating a controlled substance law, and a conviction for a crime involving moral turpitude (CIMT). There is no single definition of a CIMT. However, generally, a CIMT is a crime that involves dishonesty, deception, or seriously bad conduct. For example, retail theft The unlawful taking of property, money, or services from another person, business, or organization and identity fraud The deception of someone(s) with intent to cause damage (not including  forgeries and counterfeiting). are usually considered CIMTs. Intentionally causing physical harm to someone else is also usually a CIMT.

The definition of “conviction” immigration law is not the same as regular criminal law. A person can be considered convicted if they admit to committing a crime, or admit to committing acts that constitute the essential elements of a crime.

Additional criminal grounds of inadmissibility include:

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

Criminal history in immigration law is a very complicated area of the law. Learn more about how criminal charges can affect immigration. A person with a criminal history is encouraged to speak with an immigration attorney before pursuing anything with immigration.

Yes, sometimes. A person who entered the US without being inspected at the border is considered to have never been admitted. Entering without inspection is commonly referred to as “EWI”. EWI is an immigration violation. A person who EWI’d is considered inadmissible for committing the immigration violation.

A person can also be inadmissible for:

• Failing to attend their removal proceeding,
• Lying or committing fraud The deception of someone(s) with intent to cause damage (not including  forgeries and counterfeiting). to get an immigration benefit, and
• Helping another non-citizen to enter the United States in violation of law, commonly referred to as smuggling).

A person 18 years or older in the US without lawful status accrues “unlawful presence.” This is true even if they entered lawfully originally. Being in the US without lawful presence is an immigration violation on its own. The more unlawful presence someone builds up, the more serious the issues become when they leave the US and try to come back in. When they try to come back in, they will be examined for admissibility.

If a person was previously in the US without lawful presence for more than 180 days, but less than one year during a single stay, they are inadmissible for three years from the time they left the US. This means that they will not be allowed to lawfully come back in for three years. 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 US. These two inadmissibility rules are known as the three- and 10-year bars.

If someone enters or attempts to enter the US illegally after triggering the 10-year bar, they are permanently inadmissible. A person who has been previously deported and re-enters or tries to re-enter the US illegally is also permanently inadmissible. This is known as the “permanent bar”. This means that they will never be allowed to return to the US. They can apply for a waiver A document that gives up a legal right or excuses a requirement after 10 years have passed. There is no guarantee the waiver will be granted and they’ll be allowed to return.

Children under 18 years of age do not build up unlawful presence. They start to accrue unlawful presence once they turn 18.

Claiming to be a US citizen when someone is not one is a serious violation. A person is inadmissible for false claims to US citizenship when they gain some sort of benefit in federal or state law from the claim.

Some ways people claim to be US citizens, whether they’re aware of it or not, include:

• 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, and
• Claiming in any other way to be a US citizen.

If a person falsely claimed to be a US citizen on or after September 30, 1996, they are inadmissible to the US. If they made a false claim to US citizenship before then, they might still be inadmissible for fraud The deception of someone(s) with intent to cause damage (not including  forgeries and counterfeiting). or willful misrepresentation.

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

The public charge ground of inadmissibility has to do with whether a person might be primarily reliant on public benefits when they are living in the US. The government looks at whether a person has received cash benefits, or long-term government-sponsored institutional care. If a person has, they are more likely to be found to be inadmissible. The public charge rules can change rapidly. Protecting Immigrant Families Illinois has the most up-to-date information on the public charge rule.

This is not a complete list of inadmissibility grounds, only some of the more common grounds. A complete list can be found in the statute, and the USCIS Policy Manual.