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1 1 (May 7, 2024)

handle is hein.crs/govepbd0001 and id is 1 raw text is: Immigration: Grounds of Inadmissibility The Immigration and Nationality Act (INA) sets forth the grounds of inadmissibility under which foreign nationals may be denied admission to the United States. Adm ssion to the United States The term admission refers to the lawful entry of a foreign national into the United States after inspection and authorization by an immigration officer (INA §101(a)(13); 8 U.S.C. §1101(a)(13)). Immigration officials make admissibility determinations when foreign nationals * arrive at a U.S. port of entry (POE); * are encountered at the border between ports of entry; * are encountered within the United States without having being lawfully admitted or paroled (e.g., after entering the United States surreptitiously, without inspection by an immigration officer); * apply for a nonimmigrant (temporary) or immigrant (permanent) visa; * apply to adjust to lawful permanent resident (LPR) status or to change their nonimmigrant status from within the United States; and * apply to naturalize to become a U.S. citizen. Inadmissibility determinations are made by immigration officers in various contexts, including at POEs, on the border between POEs, in the interior of the country, and at U.S. consulates and embassies abroad. Depending on the context, inadmissibility determinations are made by immigration officials from the Department of Homeland Security's (DHS's) Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE), and U.S. Citizenship and Immigration Services (USCIS), as well as the Department of State. Grounds of nadmissibity Heath-Related Grounds There are four health-related grounds of inadmissibility: (1) communicable diseases of public health significance, (2) lacking required vaccinations (immigrants only), (3) physical or mental disorder with associated harmful behavior, and (4) drug abuse or drug addiction. These grounds are further defined in 42 C.F.R. §34.2. (INA §212(a)(1); 8 U.S.C. §1182(a)(1)) Criminal and Related Grounds The INA prohibits the admission of certain criminals, including foreign nationals who have committed crimes of moral turpitude, foreign nationals with multiple serious criminal convictions, controlled substance traffickers, foreign nationals engaged in prostitution or commercialized vice, significant traffickers in persons, and money launderers, among others. There are exceptions in certain situations, such as for those who committed the crime before the age of 18 and five years before their application for a visa/admission. There are also waivers in certain circumstances (see CRS Legal Sidebar LSB10603, Discretionary Waivers of Criminal Grounds of Inadmissibility Under INA § 212(h)). (INA §212(a)(2); U.S.C. §1182(a)(2)) Security and Related Grounds The INA prohibits the admission of any alien who has engaged in a terrorist activity, is considered likely to engage in terrorist activity, has incited terrorist activity, or is a representative or member of a terrorist organization or a group that endorses or espouses terrorist activity. The INA defines terrorist activity for the purpose of inadmissibility and includes descriptions of specific terrorist activities, including the hijacking or sabotage of any conveyance, the seizure or threatened violence against another individual in order to compel a third person or governmental organization to do or abstain from an activity, violence against an internationally protected person, assassination, and the use of a weapon of mass destruction or other dangerous device other than for personal monetary gain. According to USCIS, The definition of terrorism-related activity is relatively broad and may apply to individuals and activities not commonly thought to be associated with terrorism. In addition to terrorism-related activities, those inadmissible under security and related grounds also include foreign nationals whose entry or activities in the United States could adversely affect U.S. foreign policy; members of a totalitarian party; participants in Nazi persecution, genocide, or acts of act of torture or extrajudicial killing; and those who have recruited or used child soldiers. (INA §212(a)(3); 8 U.S.C. §1182(a)(3)) 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. The INA does not define the term public charge; the definition has been set forth by agency guidance and regulation. It is currentl defined to mean a person who is or is likely to become primarily dependent on public cash assistance or government-funded institutionalization for long-term care. When making public charge determinations, immigration officers consider the foreign national's past, current, or future receipt of Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), state and local cash assistance (general assistance); and benefits provided for institutionalized long-term care. They also consider age, health, family status, assets, resources, financial status, education, and skills. (INA §212(a)(4); 8 U.S.C. §1182(a)(4)) May 7, 2024

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