GROUNDS OF INADMISSIBILITY / DEPORTATION
In
this article, we will begin a series dealing with grounds of inadmissibility to
the U.S. To be “admitted” to
the US one must be inspected by an immigration inspector at the port of entry. Not every person in the US has been admitted, such as those who have
entered without inspection and those who have been paroled into the US.
While the concept of “admission” was replaced with that of
“entry” in 1996, admission remains the commonly used phrase.
The concept of inadmissibility arises in a number of contexts.
It is an issue when the visa application is made and when the foreign
national seeks entry to the US. It
also comes up when a person in deportation proceedings is alleged to have been
inadmissible at the time of entry or was not inspected at their entry.
It can also be a factor is a permanent resident is alleged to have
abandoned their permanent residency.
There are 10 basic grounds of inadmissibility.
These are:
- Health
related grounds;
- Criminal
grounds;
- Security
grounds;
- Public
charge grounds;
- Labor
certifications;
- Undocumented
entry and immigration status violations;
- Documentation
requirements;
- Ineligibility
for citizenship;
- Previous
removal or unlawful presence; and
- Miscellaneous
Each of these grounds
will be discussed in more detail in the upcoming weeks, but now a brief overview
of each is provided.
Health related grounds
Persons with communicable diseases that are considered significant public health
risks are inadmissible. Among these
diseases are HIV and tuberculosis. Also,
a failure to show documentation of certain vaccinations is a ground of
inadmissibility. Persons with a
history of physical or mental disorders that have or may in the future pose a
threat to the property, safety, or welfare of the person or others is
inadmissible. Finally, people found
to be drug abusers are inadmissible.
A conviction of a crime involving moral turpitude makes a person inadmissible.
However, a single offense that occurred before the age of 18 and more
than five years ago will not be considered, nor will offenses for which the
maximum punishment was only one year and the alien was sentenced to six months
or less. Convictions for crimes
involving controlled substances lead to inadmissibility.
Convictions for more than one crime for which the person was sentenced to
at least five total years in prison make a person inadmissible.
Engaging in prostitution or commercialized vice is a basis for
inadmissibility. A person who has
committed a serious offense in the US and has claimed immunity from prosecution
is inadmissible. Engaging in the
persecution of other on the basis of their religious beliefs is a ground of
inadmissibility, as is engaging in the trafficking of human beings.
Security grounds
If a consular officer or INS inspector has a reasonable ground to believe that
the person is coming to the US to engage in espionage or sabotage, or to violate
any law relating to prohibitions on exports from the US, the person is
inadmissible. Members of a group
designated as a terrorist organization are inadmissible, as are people engaged
in terrorist activities. If it is
determined that the alien’s presence in the US would have negative foreign
policy consequences, the person can be denied admission.
People who were members of the Communist Party or other totalitarian
organizations are generally inadmissible, as are people who assisted in Nazi era
persecution. Finally, those who
have engaged in genocide are inadmissible.
Public charge
A person who is likely to become a public charge is inadmissible.
The effect of this is that family-based immigrants must have a valid
affidavit of support.
Labor certification
A person coming to the US to work must have a labor certification, unless they
are able to qualify for one of the other employment-based immigration
categories. People coming to the US
to work as physicians must pass part I and II of the National Board of Medical
Examiners Examination, or its equivalent. Other
health care workers must present certification from designated entities.
Undocumented entry and immigration status violations
Anyone who comes to the US without permission of the INS or State Department is
inadmissible. Failure to attend
removal proceedings without a good reason makes a person inadmissible for five
years. Anyone who engages in fraud
or misrepresentation in an effort to enter the US is inadmissible, as are those
who have made a false claim of US citizenship.
Those who violate the terms of a student visa are also inadmissible for
five years.
Documentation requirements
If the applicant for entry does not possess a valid immigrant or nonimmigrant
visa, they are inadmissible.
Ineligibility for citizenship
A person permanently barred from obtaining US citizenship is inadmissible.
This category of people primarily includes people who got out of military
service based on their alienage, and people who left the US to avoid the draft.
Previous removal or unlawful presence
Aliens who have been deported are inadmissible. After a first deportation, the person is inadmissible for
five years, and after subsequent deportations, the period of inadmissibility is
20 years. A person deported because
of an aggravated felony are permanently inadmissible. People who have been unlawfully present in the US for more
than 180 days but less than a year are inadmissible for three years.
Unlawful presence of more than a year leads to inadmissibility for ten
years.
Miscellaneous
Persons coming to the US to engage in polygamy are inadmissible.
A person is also inadmissible if it is determined that they are required
to assist another person who is inadmissible.
Persons who have detained a US citizen child outside the US are
inadmissible until they comply with any court order regarding the child’s
custody. Finally, former US
citizens who renounced their citizenship for tax purposes are inadmissible.
D E P O R T A T I O N - D E F E N C E
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