Author: Jameel Manji, Founder, Manji Law, P.C.
Mr. Manji founded Manji Law in 2016 to follow his passion of helping people navigate the complicated immigration system. Mr. Manji graduated from Georgia State University College of Law and received Master of Taxation from the Georgia State’s J. Mack Robinson College of Business. Published on: June 09, 2023.
Manji Law is your complete immigration solution. If you are seeking assistance with the Atlanta Immigration Court, please give us a call. Manji Law can provide valuable insight, assistance, and a guiding hand to help you achieve your goals.
What Is Inadmissibility?
The word inadmissible refers to something or someone that is ineligible for admission. An inadmissible individual cannot legally enter the United States (U.S.) or get a green card. Regardless, exceptions in law or waivers of inadmissibility may be applicable.
Various immigration agencies are responsible for determining the inadmissibility of foreign citizens. They include:
The United States Citizenship and Immigration Services (USCIS)
The United States Customs and Border Protection (CBP)
The Department of State (DOS)
The Department of Homeland Security (DHS)
Grounds of Inadmissibility
The Immigration and Nationality Act (INA) classifies ineligible individuals under:
National security grounds
Likelihood of becoming a public charge
Lack of labor certification
Fraud or misrepresentation
Prior removal proceedings or unlawful presence
Miscellaneous grounds of inadmissibility
Health-Related Grounds of Inadmissibility
Non-citizens are inadmissible to enter the U.S if they meet one of the following:
An infectious disease that is dangerous to public health. Examples of such diseases include leprosy, gonorrhea, syphilis, and tuberculosis.
They fail to show proof of required vaccinations.
They are drug addicts or abuse drugs under the Controlled Substances Act. They must undergo immigration assessments with a civil surgeon confirming their remission.
They have a mental health disorder that is harmful to others.
Criminal and Related Grounds of Inadmissibility
The grounds for inadmissibility as a result of criminal reasons under INA 212(a)(2) include:
A crime involving moral turpitude
Violators of controlled substance law
Those with multiple criminal convictions except purely political offenses
Controlled substance traffickers and those who obtained any financial or other benefit from trafficking
Individuals engaged in prostitution within ten years of their visa application;
Non-citizens involved in unlawful commercialized vice
Those engaged in serious criminal activity and are granted immunity from prosecution
Individuals who commit human trafficking offenses in or outside the US
Foreign government officials that committed particularly severe violations of religious freedom
Individuals engaged in money laundering activities
National Security Grounds of Inadmissibility
In the realm of immigration law, national security is a paramount concern, and there are specific grounds for inadmissibility related to safeguarding the nation’s security interests. These grounds include:
Individuals seeking entry to engage in espionage or overthrow the government
Individuals involved in terrorist activities or with terrorist organizations
Individuals participating in Nazi persecution or genocide
Individuals whose entry presents adverse foreign policy consequences
Inadmissibility Resulting From the Likelihood of Becoming a Public Charge
A public charge is an individual likely to become dependent on the government. The USCIS will analyze the totality of their circumstances before making a decision. The public charge rule does not apply to individuals with a green card.
Factors considered in assessing this likelihood include the person’s age, health, family status, assets, education, and skills. The purpose of this provision is to ensure that immigrants are self-sufficient and do not place an undue burden on public resources.
Inadmissibility Resulting From a Lack of Labor Certification
Certain immigrants who wish to work in the United States may be deemed inadmissible unless they obtain a certificate from the Secretary of Labor, which grants them admissibility. This requirement is often associated with employment-based immigration categories, such as the H-1B visa program or other temporary worker programs.
The certificate must state that their employment will not affect U.S. employees’ wages and working conditions in similar roles. It should also state that not enough qualified US. workers are willing and able to do the work.
Inadmissibility Resulting From Fraud or Misrepresentation
Individuals seeking to enter the US with fraudulent documents are inadmissible. It extends to non-citizens who misrepresent material facts when applying for a visa.
The misrepresentation of facts for immigration benefits can lead to other serious consequences. Fraud waivers are not easy to obtain and require evidence of extreme hardship.
Inadmissibility Resulting From Removal Proceedings or Unlawful Presence
Individuals who are subject to this ground of inadmissibility include:
Those barred from returning to the US due to overstaying their visa
Those barred from returning due to previous immigration violations or removal proceedings
Those who were unlawfully present in the US for one year and then illegally reentered
A non-citizen may be deported from the US if they violate immigration laws. The deportation means a bar from future entry into the US.
An Atlanta deportation lawyer can represent you at immigration hearings and prevent deportation.
Miscellaneous Grounds of Inadmissibility
Other grounds for which an individual is inadmissible include:
Failing to attend a removal hearing
Abusing a student visa
Renouncing US citizenship because of taxation
How Does Inadmissibility Affect a Green Card Application?
After filing a green card application, immigration officers conduct checks to confirm admissibility. A non-citizen who is found inadmissible will be denied a green card. Nevertheless, proving their eligibility for a waiver will increase their chances.
Additionally, inadmissible non-citizens with US-citizen relatives have a better chance of getting green cards.
Overcoming the Grounds of Inadmissibility
Non-citizens who are inadmissible under certain grounds may apply for a waiver. But, they must meet the requirements of the waiver to be eligible.
A waiver is available for certain grounds of inadmissibility, such as:
- Waivers of inadmissibility for non-citizens applying for a nonimmigrant visa – INA 212(d)(3)
- Waiver of inadmissibility for health-related grounds – INA 212(a)(1)
- Waiver of inadmissibility for fraud and misrepresentation – INA 212(i)
- Humanitarian waiver – INA 237(a)(1)(h)
- Waiver to prevent deportation after a criminal conviction – INA 212(c)
- Waiver of inadmissibility for criminal acts – INA 212(h)
- An unlawful presence waiver
- National interest waiver
Individuals may apply for waivers using Form I-601, Form I-601A, or Form I-212. Further, immigration law may provide exceptions for non-citizens making green card applications.
An Atlanta immigration appeals lawyer can advise you on the waivers that apply to your circumstances.
Why Should You Contact an Experienced Immigration Attorney?
You may qualify for a visa that allows you to come to the US, but certain grounds may prevent you from getting the visa.
Filing a visa application when you are inadmissible is frustrating. It is more challenging when you are unsure of your eligibility for certain waivers.
At Manji Law, P.C., our Atlanta deportation lawyer will analyze the grounds that apply to your case. We can also provide you with the strategies to overcome them.
For more information about grounds of inadmissibility, contact us today. Our firm will represent you and fight to give you the desired result.