Grounds of Inadmissibility

Section 212 of the Immigration and Nationality Act lists the grounds of inadmissibility that can prevent foreign nationals from enter the United States or remain in the United States.

For certain grounds of inadmissibility, a waiver based on extreme hardship is available through the I-601 or I-601A process, or through I-212 waiver process.

Health-Related Grounds

1. Communicable Disease of Public Health Significance
2. Failure to Submit Proof of Vaccination
3. Physical or Mental Disorder and Behavior Associated with the Disorder Which May Pose, or Has Posed a Threat, to Property or Safety, of the Applicant or Others and Which is Likely to Recur
4. Drug Abuser or Addict, one who has engaged in “non-medical use of a controlled substance.”

Criminal-Related Grounds

1. Crimes Involving Moral Turpitude
2. Controlled Substance Violators
3. Multiple Criminal Convictions
4. Controlled Substance Traffickers and the Spouse, Son, or Daughter of Substance Traffickers Who Obtained Financial or other Benefit and Knew or have Known that the Financial Benefit was the Product of Illicit Activity within the Past Five Years
5. Prostitution and Commercialized Vice Within the Past 10 Years of the Date of Application for a Visa, Admission, or Adjustment of Status
6. Certain Aliens Involved in Serious Criminal Activity Who Have Asserted Immunity from Prosecution
7. Foreign Government Officials Who Have Committed Particularly Severe Violations of Religious Freedom
8. Significant Traffickers in Persons and Beneficiaries, Certain Family Members of Trafficker Who Obtained Financial or Other Benefit and Knew or Have Known that the Financial Benefit was the Product of Illicit Activity in Past 5 Years
9. Money laundering

Security-Related Grounds

1. General Prejudicial Activities: Espionage, Sabotage, or Prohibited Export of Sensitive Technology, or Sensitive Information; any activity a purpose of which is the opposition to, or the control or overthrow of, the Government of the United States by force, violence, or other unlawful means
2. Terrorist Activities
3. Entry Would Have Potentially Serious Adverse Foreign Policy Consequences
4. Membership or Affiliation with Communist or Other Totalitarian Party, Domestic or Foreign
5. Participation in Nazi Persecutions or Genocide and Commission of Acts of Torture or Extrajudicial Killings
6. Associations with Terrorist Organizations
7. Recruitment or Use of Child Soldiers

Public Charge

1. Public Charge: being likely at any time to become a public charge (primarily dependent on the government for subsistence).

Labor certification and qualifications for certain immigrants

1. Not having a labor certification and Professional Athletes
2. Unqualified Physicians
3. Uncertified Foreign Health-Care Workers

Illegal Entrants and Immigration Violators

1. Aliens Present Without Admission or Parole
2. Failure to Attend a Removal Proceeding
3. Fraud and Misrepresentation
4. False Claim of Citizenship
5. Stowaways
6. Smugglers
7. Aliens Subject of Civil Penalty or Final Order Under Section 274C
8. Student Visa Abusers

Documentation Requirements

1. Immigrants – No Entry Documents
2. Nonimmigrants – Not in Possession of Passport Valid for Six Months, Nonimmigrant Visa, or Border Crossing Card

Ineligible for Citizenship

1. Any Immigrant Who Is Permanently Ineligible to Citizenship
2. Draft Evaders

Aliens Previously Removed

1. Aliens Previously Removed
2. Aliens Unlawfully Present
3. Aliens Unlawfully Present After Previous Immigration Violations

Miscellaneous

1. Practicing Polygamists
2. Guardian Required to Accompany Helpless Alien
3. International Child Abduction
4. Unlawful Voters
5. Former Citizens Who Renounced Citizenship to Avoid Taxation