Family Law, Criminal Defense & Immigration Attorneys

What Makes a Person Inadmissible?

To enter the United States and gain entry as a lawful permanent resident, foreign nationals must be admissible. So, what are grounds for admissibility and why would a person be inadmissible? Keep reading to learn more.

Lawful Permanent Residents (LPR)

Lawful permanent residents are green card holders and non-citizens who are legally authorized to live in the United States permanently. LPRs can work and live in the United States and participate in property ownership, public education, and the military.

LPRs may also apply for citizenship if they meet eligibility requirements. An individual may be admissible to the U.S. based on their relationship with a U.S. citizen either as a relative or spouse or due to their status as a refugee or asylee.

However, a person may not be allowed to enter the country if they meet the grounds for inadmissibility.

Grounds for Inadmissibility

The Department of Homeland Security has established a set of benchmarks foreign nationals must meet or be refused entry. The DHS also works with other government agencies to establish guidelines and enforce them.

Health Related Grounds

The United States government considers public health when approving migrants for admissibility. If the government believes a person is a threat to public health, they may be refused entry.

Infectious/communicable diseases that meet health related grounds for inadmissibility include:

  • Chancroid
  • Granuloma inguinale
  • Leprosy
  • Syphilis
  • Tuberculosis
  • Lymphogranuloma venereum
  • Coronavirus

Additionally, if the individual fails to pass a drug test and is positive for traces of non-medical controlled substances, they may be inadmissible.

Criminal Grounds

A history of criminal behavior is also grounds for inadmissibility to the United States. Crimes include:

  • Crime Involving Moral Turpitude (CIMT): Crimes involving fraud or deceit and are considered “depraved”
  • Drug offenses
  • Repeat offenses
  • Prostitution
  • Human trafficking
  • Drug trafficking
  • Money laundering

Security Related Grounds

If a foreign national is believed to be a threat to national security, they will be refused entry and could face forced removal from the border.

Individuals who may be inadmissible on security related grounds include:

  • Individuals engaging in terrorism
  • Participants in Nazi persecution and/or genocide
  • Individuals attempting to commit sabotage, espionage, or the export of goods, technology, or sensitive information
  • Members of the Communist or totalitarian parties

Public Charge

If a person would depend entirely on government assistance to survive, they could be denied entry. Unless the migrant can prove that they would receive support from family members residing in the United States, the government will refuse to allow them through a port of entry.

Immigration Violations

If a person has violated immigration laws previously or has been removed from the U.S. for any reason prior to their attempt at reentry, they will be denied admissibility. Additionally, if a person does not have proper documentation, they are inadmissible and could face further action to prevent reentry.

Legal Options

If you or a loved one are a foreign national seeking entry into the United States, you must meet all admissibility requirements. However, even if you follow the rules, a simple mistake can have serious consequences. Smith Law Offices, LLC can assist you with your immigration interests and advocate for you.

Contact our law firm today for more information.

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