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What Is Inadmissibility? What Makes Me Inadmissible?

When we first meet most of our clients, we often find ourselves explaining what an inadmissibility is. In short, inadmissibility is something that makes a person not allowed into to the United States, or allowed to adjust their status in the U.S. In some cases, even if you did something that would make you inadmissible you would fall within an exception to the general rules. In some other cases, if you are inadmissible, you may request a waiver to fix the problem that made you inadmissible.

There are certain categories of inadmissibility that allows you to get a waiver, a process best completed with an immigration attorney. There’s a limited universe of actions that makes a person inadmissible. Section 212(a) of the Immigration and Nationality Act lists all the grounds of inadmissibility.

The following is a non-exhaustive list of reasons why you may be inadmissible to the United States:

Health related grounds –

Criminal and related grounds –

  • Crimes involving moral turpitude:

    • Theft offenses, aggravated assault;

    • Embezzlement, shoplifting;

    • Assault with intent to rob, kill, or to commit abortion or rape;

    • Indecent assault;

    • Failure to stop and render aid;

    • Delinquency of a minor;

    • Identity theft;

    • Murder and voluntary manslaughter;

    • Theft;

    • Fraud;

    • Fleeing a police officer;

    • ID Document fraud.

  • Inherently violent crime offenses:

    • Burglary

  • Multiple criminal convictions.

  • Prostitution and commercialized vice:

    • Bootlegging;

    • Illegal gambling.

  • Drug trafficking.

  • Any violation dealing with controlled substances, illicit drugs, or even prescription drugs – possession of cocaine, possession of marihuana, drug paraphernalia.

  • Human smugglers.

  • Money laundering.

Security related grounds –

  • Spionage

  • Terrorist activities.

  • People involved with totalitarian parties.

  • Communist parties.

  • People involved in the Nazi Holocaust.

People that violated Immigration Law Regulations –

  • People that entered without inspections, didn’t go to a deportation hearing, lied, or mispresented themselves in front of USCIS authorities.

  • People who lied to an immigration officer, or someone from the Federal Government to get any benefit.

  • Human smuggles – if you helped anyone enter illegally.

  • Not having a legal document to be in the U.S.

  • People previously deported:

    • Someone that entered illegally and left the U.S. after 6 months or 1 year;

    • Someone that entered illegally or remained in the U.S. illegally;

    • Someone that entered the U.S., left the U.S., and then tried to reenter or reentered illegally.

Miscellaneous –

  • Someone married with more than one person.

  • People involved in kidnapping.

  • Unlawful voters: someone that registered to vote but wasn’t allowed to.

  • Someone who renounced their U.S. Citizenship to avoid paying taxes.

The J. Molina Law Firm is always here to help. If you need assistance with a case and you wish to know if you are inadmissible or what would be the best course of action in your situation, do not hesitate and give us a call now at (469) 708-5800. You can schedule a personal consultation with Mr. Molina today!

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