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The 10 Grounds for Inaddmissibility to the US
These ten reasons to keep you out of the US are:
- Health – if you have a very dangerous health issue, such as a dangerous disease (tuberculosis) or a severe psychological disorder (that may cause harm to themselves or others), you will be ineligible;
- Criminal – If you have been arrested for any reason you must check to make sure it doesn’t make you ineligible for your green card. An arrest is typically not an automatic disqualified but a conviction can be. You need to be concerned with Aggravated Felonies, Crimes of Moral Turpitude, Controlled Dangerous Substances, and multiple convictions;
- Security – this is one of the obvious ones. If the American government has any reason to believe that you would pose a threat to national security, like terrorism or espionage, you will be ineligible for a green card;
- Public charge – is defined as anyone who is likely to become dependent on public assistance because of age, health status, or poverty, will be ineligible;
- Labor – violation that applies to employment immigration such as work visas. Typically you are coming into the U.S. because you have a visa and wish to get your green card. You can be found inadmissible at the consulate or by a border agent, in either case, you will not be allowed to enter the U.S. unless you receive a waiver or the agency was mistaken in finding you inadmissible;
- Illegal entry – This not only covers its namesake, but also covers violations of immigration law. For example, anyone who enters illegally, renters illegally after being deported, falsely claims to be a US citizen, or participates in alien smuggling will be barred from a green card application. Less common are those who failed to attend removal proceedings or misrepresented a material fact in an immigration petition to gain an immigration benefit;
- Documentation – This refers specifically to requiring the proper documentation to enter the country, which can sometimes be difficult to obtain. For example, you apply for a tourist visa and the consulate turns your down for lack of documentation proving your intent to return to your country. In other words, the agency believes you will stay in the U.S. because you didn’t prove otherwise;
- Ineligibility for citizenship is a lesser-known violation that only applies in very strict circumstances. An example of this would be a deserter from the US military;
- Previous removal or unlawful presence – Previous removal or unlawful presence is very similar to illegal entry, but it focuses much more heavily on deportation. As with many others, there are waivers, but having been previously deported does make it more difficult to get a green card.
- Miscellaneous – This section covers various things, such as unlawful voting and polygamy, which very rarely apply, and are usually of little concern.
With many of these grounds of inadmissibility there are waivers available and exceptions that may apply. However, if you believe that any of these issues may apply to you talk to a qualified immigration attorney before you apply.
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