Individuals with infectious medical conditions, association with terrorist activities, a criminal record, or a history of drug abuse could have difficulty assuming permanent residency or U.S. citizenship. People with certain questionable behaviors will also not access the U.S., a green card, or a visa unless they receive special permission. Certain conducts are termed as ‘’Grounds of Inadmissibility ‘’under the immigration statute in California. However, even if you are inadmissible into the United States, you can apply for a waiver by the U.S. government. The waiver overlooks or forgives the inadmissibility penalty in your case. Unfortunately, it is not easy to receive a waiver because, in many cases, you need to prove extreme hardship to a United States family member if your application did not go through.
Inadmissibility Defined
The concept of ''inadmissibility'' to the U.S. is defined by The Federal Immigration and Nationality Act (I.N.A.) section 212. Under this statute, ''inadmissibility'' means that you do not qualify for any benefits that the U.S. immigration authorities grant.
Who Is Subject To Inadmissibility Checks
Any person seeking a U.S. admission must undergo a check to determine if he/she is inadmissible. Fortunately, not every person who applies is subject to every ground of inadmissibility checks. For example, those seeking a green card based on a record of abuse by a U.S. parent or spouse (VAWA) are not subject to inadmissibility checks like public charge and illegal entry. RIn addition, refugees and asylum-based applications are also not subject to these grounds of inadmissibility checks.
The word ‘’admissibility’’ does not only apply to people out of the U.S. who seek to enter the U.S. for purposes of immigration. It also applies to individuals already living in the U.S. and seeking a different status like permanent residency. Even though these people are already inside the United States, the law treats them as if they are outside the U.S. Similarly. You do not have to be a newcomer seeking your first entry into the U.S. to undergo an inadmissibility check. Even a person who already possesses a green card will undergo an inadmissibility check if he/she spends 180 consecutive days or more outside the U.S. A person who has a green card will also undergo an inadmissibility check if he/she committed a crime or left during removal proceedings. The United States Border officials will check their records to determine whether they have become inadmissible.
If you hold a U.S. green card, you can avoid these inconveniences by ensuring that you apply for U.S. citizenship when you are eligible.
Permanent Inadmissibility To Immigration For Some Repeat Violators
The Nationality Act (I.N.A.) and the U.S. immigration have several grounds for'' inadmissibility'' including one known as the ''permanent bar''. These grounds of inadmissibility are restrictions to access the U.S. based on conditions like:
- Health issues
- Immigration violations
- A likelihood of requiring need-based government assistance
- Criminal and security violations
If you are inadmissible into the U.S., your temporary visa or green card request will be rejected. Section 212 (a) (9) (c) (i) of the I.N.A defines ‘’permanent inadmissibility’’, which makes inadmissible any U.S non-citizen who has the following reputation:
- Has been ordered removed according to section 235(b)(1), section 240, or any other provision of the immigration statute
- One who attempts to re-enter or enters the United States without being admitted
- Has been illegally present in the United States for more than one year
Immigration law sections 235(b)(1) and section 240 resulted from legislative changes adopted in 1996, known as the Illegal Immigration Reform Act (IIRIRA). For instance, you can cross Mexico and enter the U.S. unlawfully for one year, then go back to Mexico for some time, and then attempt to return to the U.S. for the second time. Whether you fail or succeed in your second trial, you could be inadmissible under section 235(b)(1) and section 240 of the immigration statute. Similarly, if you were removed from the U.S., you attempt to enter without following the proper admission procedure, and you will be subject to permanent inadmissibility.
Permanent Inadmissibility Defined
In California, most grounds of inadmissibility can automatically expire or be waived after a set time. Unfortunately, permanent inadmissibility is difficult but not impossible to get around. Under the immigration statute in California, if you are subject to permanent inadmissibility, you can seek permission to enter the U.S. after ten years of waiting.
The California authority interprets the ten years as being outside the United States. However, after ten years, you cannot just go on and make a green card or visa application through the usual methods. You must first obtain U.S. government approval. You must use the ''Permission to Reapply for Admission'' or I-212 Form to request your green card application approval. The U.S. Citizenship and Immigration Services (USCIS) is responsible for issuing the form.
In case you need a nonimmigrant visa, you will be required to seek an exercise of discretion. The good news is that you can receive a waiver of the permanent inadmissibility available to VAWA self-petitioners. However, this can only happen if you prove the connection between your battery or subjection to extreme cruelty and your removal from the U.S.
If You Are Inadmissible Into The U.S
Anytime you seek permission to access or stay in the United States, various agencies handling your immigration-related applications could decide that you are inadmissible. The agencies include The Department of Homeland Security (D.H.S.) and The U.S. State Department. The D.H.S.'s sub-agencies Customs, Border Protection, and U.S. Citizenship and Immigration Services could also term you as inadmissible. Any time you attempt to cross the border, seek a green card, or apply for any immigration status or other type of visa, the agencies can use your inadmissibility to block you. If this happens when you are at the U.S. border, you can be sent to immigration court for removal from the United States or turned around and sent home. You could also be put into removal proceedings if you are in the United States.
Other Common Grounds Of Inadmissibility
The following are additional grounds for immigration inadmissibility:
- You could be inadmissible if you are not adequately vaccinated
- If you are likely to become ''public charges'' dependent on need-based government assistance, you could also be inadmissible
- you could be inadmissible if you violate immigration laws
- Multiple criminal convictions
- Prostitution
- Convictions for crimes involving moral turpitude
- Mental or physical disorders that could cause harm to yourself or others
- Having communicable diseases of public health significance like tuberculosis
Health-Related Grounds
An important aspect of immigration is public health safety. The U.S. authorities have to ensure that aliens do not introduce drug abuse problems, mental or physical disorders with associated harmful characteristics, or infectious diseases. Congress also demands that all those who apply for green cards be vaccinated against certain preventable diseases. Diseases like syphilis, tuberculosis, cancroid, and gonorrhea can cause you to be inadmissible in the U.S. Therefore if you intend to go to the U.S., you need to undergo a medical check-up to remove these reasons for inadmissibility.
Public Charge –Section 212 (a) (4)
If you are a U.S. non-citizen who is likely to become a public charge, you are inadmissible. The U.S. authorities define a public charge as individuals who primarily rely on the U.S. authorities for subsistence. For any alien to avoid this ground of inadmissibility, some employment-based and virtually all family-based aliens must possess a legal Form I-864, Affidavit of Support.
Security And Associated Grounds
The U.S. government could find you inadmissible on the grounds of national security if you are found to be involved in specific organizations or activities that could be against or unlawful to the general principles of the U.S. democracy. Aliens that are inadmissible under the national security grounds include:
- Individuals engaging in terrorist activities
- Participants in genocide or Nazi persecution
- Individuals whose admission into the U.S. would bring about serious foreign policy consequences
- Individuals seeking to access the U.S. to engage in illegal and prejudicial activities like sabotage and violation of any statute