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Common Grounds of Inadmissibility
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Health-related grounds
Applicants may be inadmissible if they have certain communicable diseases, have not received required vaccinations, or have a physical or mental disorder with associated harmful behavior. Waivers can be provided under certain circumstances, such as if a refugee or asylee applies for one.
Illegal entrants and immigration violators
Persons who have entered or attempted to enter the U.S. illegally or those who have violated the terms of their admission are generally inadmissible. Waivers can sometimes be obtained, often through the cancellation of removal or adjustment of status.
Criminal and related grounds
Inadmissibility is possible for individuals with past criminal convictions, especially for crimes involving moral turpitude, drug offenses, or multiple convictions with aggregated sentences of 5 years or more. A waiver may be available in instances like having only one crime committed under the age of 18 and the crime was committed more than 5 years before the application.
Miscellaneous grounds
Other miscellaneous grounds for inadmissibility include practicing polygamists, international child abductors, and those who have voted unlawfully in the U.S. These grounds often have no available waivers.
Labor certification and qualifications
If an applicant cannot demonstrate that they will not displace U.S. workers or adversely affect wages and working conditions, they may be inadmissible. There is typically no waiver for this ground, but proper labor certification can prevent it.
Public charge
An individual is inadmissible if they are likely to become primarily dependent on the government for subsistence, as determined by totality of the circumstances. A waiver might be available through an affidavit of support from a U.S. citizen or permanent resident relative.
Ineligibility for citizenship
Certain actions, such as draft evasion and failing to pay child support, make an individual inadmissible due to ineligibility for citizenship. Waivers are not typically available for this ground of inadmissibility.
Security and related grounds
An individual might be inadmissible for security reasons, including suspected terrorism, espionage, or any activity that endangers U.S. foreign policy. Waivers are generally not available for security-related grounds of inadmissibility.
Previous removals or unlawful presence
Individuals who were previously removed or who have been unlawfully present in the U.S. for certain periods are inadmissible for a specified time. Waivers are possible, such as the Provisional Waiver of Inadmissibility (I-601A) in instances involving family unity.
Documentation requirements
Applicants must provide valid entry documents. Failure to do so results in inadmissibility. However, a waiver may be granted for refugees, asylees, and in rare circumstances, on humanitarian grounds.
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