What Are Grounds of Inadmissibility?
Grounds of inadmissibility are a set of conditions as defined by US immigration law that makes a potential immigrant or traveler to the US unable to enter the United States. People with a valid visa may still not be able to enter the United States if they meet any of the grounds of inadmissibility. Similarly, permanent residents (also known as green card holders) may be declared inadmissible and may face immigration consequences. A Customs and Border Patrol (CBP) officer has the power to deny someone from being able to enter the United States.
If you or a loved one have been found to meet grounds of inadmissibility, there can be serious consequences. Contact an experienced immigration lawyer for an initial consultation.
What Makes Someone Qualify for Grounds of Inadmissibility?
There are many different grounds of inadmissibility conditions that can prevent someone from entering the United States. Anyone who meets any of the following criteria may be denied entry to the United States:
- Having a disease that can be spread to others (such as tuberculosis or HIV, among others)
- Having physical or mental illnesses that are a threat to the person trying to enter the US or other people
- Drug abusers or drug addicts
- Drug traffickers
- Anyone who doesn’t have proper vaccinations
- Anyone convicted of a crime involving moral turpitude (see Immigration Consequences of a Criminal Conviction)
- Anyone who has violated immigration law
- Escorts or prostitutes
- Anyone convicted of multiple crimes
- Foreign spies
- Anyone who is likely to become dependent on public assistance
What Can Happen If You are Inadmissible?
Those who are inadmissible can be detained by immigration law enforcement officials. Immigration law enforcement may also temporarily hold people who qualify for grounds of inadmissibility until a return flight can be arranged. If a potential traveler or immigrant to the US is found to meet grounds of inadmissibility, their visa may be canceled.
If you or a loved one are inadmissible, you can also be denied a green card application. It is very important to assess your admissibility before you apply. This may allow you to craft an application that addresses potential grounds of inadmissibility and overcome them where possible. If USCIS has already sent you a Request for Evidence related to inadmissibility, you may benefit from a consultation with an attorney. If you think you may be subject to a finding of inadmissibility but you have not yet applied, I can help you assess the best strategy in your case.
When officers can’t determine if an immigrant or traveler should be allowed in the U.S., the person coming to the US may need to go to the nearest US immigration processing office for further investigation.
With a valid visa, someone immigrating or visiting the US may apply to be allowed to enter the US. With a valid visa, the person who is trying to enter the US can ask for a hearing in an immigration court. In this immigration court hearing, an immigration judge can make a decision whether the person trying to enter the US should be allowed to enter the country.
However, CBP officers have the final decision in cases where:
- The person trying to enter the US has come to the US on a Visa Waiver Program
- The person trying to enter the US has misrepresented, lied or committed fraud to claim US citizenship
- The person trying to enter the US doesn’t have a valid immigrant visa
Similarly, Janet Moon, Esq. may be able to help you or a loved one when a visa is denied. Learn more about how we may be able to help if a visa is denied.
Can You Get A Waiver For Grounds of Inadmissibility?
Most grounds of inadmissibility can be appealed through a waiver. If approved, a waiver allows someone to enter the United States despite meeting one of the above grounds of inadmissibility.
However, not all grounds of inadmissibility may be waived. Conditions for grounds of inadmissibility that cannot be waived include anyone who is found to be a:
- Drug abuser or drug addict
- Drug trafficker
- Foreign spy
Meeting Grounds of Inadmissibility Can Be Serious. Our Immigration Lawyers Can Help.
If you or a loved one are inadmissible, there’s a risk of being detained, deported or having a visa canceled. Janet Moon, Esq. is here to protect the rights of those found to meet grounds of inadmissibility.
For many years, Ms. Moon has helped people deal with their inadmissible status, with some cases resulting in clients being allowed to enter the U.S. She will review all relevant documents for your case and talk with you about the specifics of you or your loved one’s personal situation.
While many immigration lawyers offer free initial consultations, Ms. Moon offers something even more valuable; the time and attention your case deserves to provide you with a clear idea of what’s next.
For an initial consultation, contact today.
There Could Still Be A Way. Contact An Experienced Immigration Lawyer For Help
When facing complex immigration problems, it’s critical that you or your loved one fully understand the potential consequences of your decisions. To help prevent lengthy delays for your plans, contact an experienced immigration lawyer for an initial consultation. She’ll take the time to get to know the specifics of your case and provide meaningful guidance on what to do next.