May 7, 2024
Immigration: Grounds of Inadmissibility
The Immigration and Nationality Act (INA) sets forth the
launderers, among others. There are exceptions in certain
grounds of inadmissibility under which foreign nationals
situations, such as for those who committed the crime
may be denied admission to the United States.
before the age of 18 and five years before their application
for a visa/admission. There are also waivers in certain
Admission to the United States
circumstances (see CRS Legal Sidebar LSB10603,
The term admission refers to the lawful entry of a foreign
Discretionary Waivers of Criminal Grounds of
national into the United States after inspection and
Inadmissibility Under INA § 212(h)). (INA §212(a)(2);
authorization by an immigration officer (INA §101(a)(13);
U.S.C. §1182(a)(2))
8 U.S.C. §1101(a)(13)). Immigration officials make
admissibility determinations when foreign nationals
Security and Related Grounds
•
The INA prohibits the admission of any alien who has
arrive at a U.S. port of entry (POE);
engaged in a terrorist activity, is considered likely to engage
• are encountered at the border between ports of entry;
in terrorist activity, has incited terrorist activity, or is a
•
representative or member of a terrorist organization or a
are encountered within the United States without having
group that endorses or espouses terrorist activity. The INA
being lawfully admitted or paroled (e.g., after entering
defines terrorist activity for the purpose of inadmissibility
the United States surreptitiously, without inspection by
and includes descriptions of specific terrorist activities,
an immigration officer);
including the hijacking or sabotage of any conveyance, the
• apply for a nonimmigrant (temporary) or immigrant
seizure or threatened violence against another individual in
(permanent) visa;
order to compel a third person or governmental
•
organization to do or abstain from an activity, violence
apply to adjust to lawful permanent resident (LPR)
against an internationally protected person, assassination,
status or to change their nonimmigrant status from
and the use of a weapon of mass destruction or other
within the United States; and
dangerous device other than for personal monetary gain.
• apply to naturalize to become a U.S. citizen.
According to USCIS, “The definition of terrorism-related
activity is relatively broad and may apply to individuals and
Inadmissibly determinations are made by immigration
activities not commonly thought to be associated with
officers in various contexts, including at POEs, on the
terrorism.” In addition to terrorism-related activities, those
border between POEs, in the interior of the country, and at
inadmissible under security and related grounds also
U.S. consulates and embassies abroad. Depending on the
include foreign nationals whose entry or activities in the
context, inadmissibly determinations are made by
United States could adversely affect U.S. foreign policy;
immigration officials from the Department of Homeland
members of a totalitarian party; participants in Nazi
Security’s (DHS’s) Customs and Border Protection (CBP),
persecution, genocide, or acts of act of torture or
Immigration and Customs Enforcement (ICE), and U.S.
extrajudicial killing; and those who have recruited or used
Citizenship and Immigration Services (USCIS), as well as
child soldiers. (INA §212(a)(3); 8 U.S.C. §1182(a)(3))
the Department of State.
Grounds of Inadmissibility
Public Charge Grounds
Under the INA, a foreign national is inadmissible if he or
she is “likely at any time to become a public charge
Health-Related Grounds
.” The
INA does not define the term public charge; the definition
There are four health-related grounds of inadmissibly: (1)
has been set forth by agency guidance and regulation. It is
communicable diseases of public health significance, (2)
currently defined to mean a person who is or is likely to
lacking required vaccinations (immigrants only), (3)
become primarily dependent on public cash assistance or
physical or mental disorder with associated harmful
government-funded institutionalization for long-term care.
behavior, and (4) drug abuse or drug addiction. These
When making public charge determinations, immigration
grounds are further defined in 42 C.F.R. §34.2. (INA
officers consider the foreign national’s past, current, or
§212(a)(1); 8 U.S.C. §1182(a)(1))
future receipt of Supplemental Security Income (SSI),
Criminal and Related Grounds
Temporary Assistance for Needy Families (TANF), state
and local cash assistance (general assistance); and benefits
The INA prohibits the admission of certain criminals,
provided for institutionalized long-term care. They also
including foreign nationals who have committed crimes of
consider age, health, family status, assets, resources,
moral turpitude, foreign nationals with multiple serious
financial status, education, and skills. (INA §212(a)(4); 8
criminal convictions, controlled substance traffickers,
U.S.C. §1182(a)(4))
foreign nationals engaged in prostitution or commercialized
vice, significant traffickers in persons, and money
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Immigration: Grounds of Inadmissibility
Labor Certification and Qualifications for Certain
Aliens Previously Removed Grounds
Immigrants Grounds
The INA outlines three categories of previously removed
The INA prohibits foreign nationals from entering the
inadmissible aliens: (1) foreign nationals who have been
United States to perform skilled or unskilled labor unless
previously removed are barred from the United States for 5,
the Secretary of Labor has certified that there are not
10, or 20 years depending on the specifics of their case, and
sufficient U.S. workers who are able, willing, and qualified
they are permanently inadmissible if they were convicted in
to perform such work, and that the employment of the
the United States of an aggregated felony; (2) foreign
foreign national will not adversely affect the wages and
nationals who were unlawfully present in the United States
working conditions of U.S. workers similarly employed.
for between 6 and 12 months are considered inadmissible to
There are categories of foreign nationals exempt from labor
the United States for three years, and those unlawfully
certification, including permanent immigrants entering as
present for more than one year are inadmissible for 10 years
priority workers who are persons of extraordinary ability in
(often referred to as the three- and ten-year bars); these
the arts, sciences, education, business, or athletics;
bars are triggered when the individual leaves the United
outstanding professors and researchers; certain
States (there are exceptions for those unlawfully present
multinational executives and managers; and certain workers
under the age of 18, asylum applicants, certain battered
in occupations that DOL has predetermined lack sufficient
women and children, and victims of trafficking, among
U.S. workers. There are also specific provisions that bar the
others); and (3) foreign nationals are inadmissible if they
admission of unqualified physicians and uncertified health
attempt to reenter the United States without being admitted
care workers. (INA §212(a)(5); 8 U.S.C. §1182(a)(5))
and were previously unlawfully present for more than one
Illegal Entrants and Immigration Violators Grounds
year or had previously been removed (there is an exception
if it had been more than 10 years since the last departure
The INA outlines eight categories of inadmissible illegal
from the United States). Waivers can be granted for certain
entrants and immigration violators: (1) any foreign national
victims of battery or extreme cruelty, and for the spouse or
who is present in the United States without being legally
child of a U.S. citizen or LPR if refusal of admission would
admitted or paroled, or who arrives in the United States at
result in extreme hardship to their spouse or parent. (INA
any time or place other than as designated (there are
§212(a)(9); 8 U.S.C. §1182(a)(9))
exceptions for certain battered women and children); (2)
foreign nationals who “without reasonable cause” fail to
Miscellaneous Grounds
attend their removal proceedings or to remain in attendance
The miscellaneous grounds of inadmissibility include
at a hearing to determine their inadmissibility or
practicing polygamists, guardians required to accompany
deportability are inadmissible for a period of five years
helpless inadmissible foreign nationals, international child
following their subsequent departure; (3) foreign nationals
abductors, unlawful voters, and former citizens who
who have, by fraud or willful misrepresentation of a
renounced their citizenship to avoid taxation. (INA
material fact, sought to procure or have procured either
§212(a)(10); 8 U.S.C. §1182(a)(10))
admission into the United States or a benefit under the INA;
(4) foreign nationals who falsely represent themselves to be
Outcomes
U.S. citizens for any purpose or benefit under the INA or
Those deemed inadmissible are subject to a variety of
any other federal or state law, except under narrow
immigration enforcement outcomes, depending on the
circumstances; (5) stowaways; (6) smugglers; 7) foreign
context. They can be denied an immigration benefit, such as
nationals subject to civil penalties for a violation of INA
a visa, adjustment of status, or naturalization. They can be
274C (document fraud); and (8) student visa abusers. (INA
denied entry into the United States at or between POEs. If
§212(a)(6); 8 U.S.C. §1182(a)(6))
warranted, they can be criminally arrested. Inadmissible
Documentation Requirements Grounds
foreign nationals already in the United States, as well as
those encountered at the border, can be put in formal
An immigrant is inadmissible if they lack a valid visa,
removal proceedings. Foreign nationals placed in formal
reentry permit, or border crossing identification card and a
removal proceedings may be detained or released from
valid unexpired passport or other suitable travel document.
custody pending the outcome of their proceedings.
A nonimmigrant is inadmissible if they lack a passport
Generally, they will receive a hearing before an
valid for a minimum of six months from the date of the
immigration judge and may be eligible to seek certain types
expiration of the initial period of their admission or they
of relief from removal (e.g., asylum, cancellation of
lack a valid nonimmigrant visa or border crossing
removal). In some circumstances, foreign nationals deemed
identification card. The nonimmigrant document
inadmissible may still be allowed to enter or remain in the
requirements can be waived for those traveling under the
United States for a designated period of time. For example,
Visa Waiver Program or the Guam and Northern Mariana
foreign nationals may be granted immigration parole on a
Islands Visa Waiver Program. (INA §212(a)(7); 8 U.S.C.
case-by-case basis for urgent humanitarian reasons or
§1182(a)(7))
significant public benefit. Immigration parole does not
Ineligible for Citizenship Grounds
constitute formal admission to the United States.
Although the ground “ineligible for citizenship” may
suggest a range of ineligibilities linked to the naturalization
Abigail F. Kolker, Analyst in Immigration Policy
provisions in Title III of the INA, its actual effect is to bar
the entry of individuals who deserted their military service
IF12662
or evaded the military draft. (LPRs are eligible to enlist in
the U.S. Armed Forces.) (INA §212(a)(8); 8 U.S.C.
§1182(a)(8))
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Immigration: Grounds of Inadmissibility


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https://crsreports.congress.gov | IF12662 · VERSION 1 · NEW

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