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1 1 (July 29, 2024)

handle is hein.crs/goveqco0001 and id is 1 raw text is: Immigration: Grounds of Inadmissibility Under the Immigration and Nationality Act (INA), aliens may be denied admission to the United States or face other adverse immigration consequences if they are inadmissible. (The INA defines an alien as any person not a citizen or national of the United States.) Immigration officials from different agencies make inadmissibility determinations in various contexts, including, for instance, when adjudicating an application for a nonimmigrant (temporary) or immigrant (permanent) visa to come to the United States, when inspecting aliens arriving at U.S. ports of entry or encountered within the country after entering without inspection, when considering an application to adjust to lawful permanent resident (LPR) status, or when determining eligibility for certain forms of relief from removal. This In Focus provides a brief overview of the grounds of inadmissibility. Health-Related Grounds The INA bars the admission of aliens who (1) have communicable diseases of public health significance, (2) are applying for immigrant visas or adjustment to LPR status and lack required vaccinations, (3) are determined to have physical or mental disorders with associated harmful behavior, or (4) are found to be drug abusers or addicts. These limitations are subject to waivers and exceptions. Criminal and Related Grounds The INA prohibits the admission of certain criminal aliens, including, for example, those who have committed crimes of moral turpitude, those with two or more criminal convictions (other than purely political offenses) for which the aggregate sentences were five years or more of imprisonment, controlled substance traffickers, those engaged in prostitution or commercialized vice, human traffickers, and money launderers. There are exceptions in certain situations. For instance, the crime of moral turpitude ground of inadmissibility does not apply to those who committed the crime before the age of 18 and who committed the crime and were released from imprisonment more than five years before their application for a visa/admission. Additionally, some criminal grounds of inadmissibility may be waived in certain circumstances. Security and Related Grounds The INA prohibits the admission of aliens who have engaged in terrorist activity, are considered likely to engage in terrorist activity, have incited terrorist activity, endorse or espouse terrorist activity (or persuade others to), have received military-type training from a terrorist organization, are representatives or members of (or associated with) a terrorist organization, are representatives of a group that endorses or espouses terrorist activity, or are the spouses or children of persons inadmissible on terrorist-related grounds based on activity occurring within the last five years (subject to exception). The INA defines terrorist Updated July 29, 2024 activity to include certain unlawful activities, such as the hijacking or sabotage of any conveyance, the detention of a person in order to compel a governmental organization to do or abstain from a certain act, assassination, and the use of a weapon of mass destruction. The INA defines engage in terrorist activity to cover a wide range of activities, such as committing terrorist activity, soliciting funds for terrorist activity, and providing material support to terrorist organizations. Some of the terrorist grounds of inadmissibility may be waived in certain circumstances. With some exceptions, the INA also prohibits the admission of aliens who seek to enter the United States to engage in activities related to espionage or sabotage, the violation of certain export laws, the violent opposition to or overthrow of the U.S. government, or other unlawful activity; aliens whose entry or activities in the United States could adversely affect U.S. foreign policy; members of the Communist or any other totalitarian party; participants in Nazi persecution, genocide, or acts of torture or extrajudicial killing; and those who have recruited or used child soldiers. Public Charge Grounds With some exceptions, the INA makes aliens who are likely at any time to become a public charge inadmissible. The INA does not define the term public charge; the definition has been set forth by agency guidance and regulation. It is currently defined as 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. Labor Certification and Qualifications for Certain Immigrants Grounds The INA bars certain aliens who seek to enter the United States to perform skilled or unskilled labor unless the Secretary of Labor certifies that there are not sufficient U.S. workers who are able, willing, and qualified to perform such work, and that the alien's employment will not adversely affect the wages and working conditions of similarly employed U.S. workers. Some classes of aliens are exempt from labor certification (e.g., permanent immigrants entering as priority workers who are persons of extraordinary ability in the arts, sciences, education, business, or athletics), and this ground of inadmissibility can be waived in some cases. Some INA provisions also bar

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