When the U.S. Can Keep You Out
Learn why you may be denied entry to the United States and how to avoid being turned away.
For the protection of the United States and people living there, people with histories of criminal or terrorist activities, drug abuse, infectious medical problems, or certain other characteristics or behavior will never be allowed a visa or green card. In immigration law terms, these characteristics are known as the grounds of inadmissibility. Every person who applies to enter or stay in the United States, no matter how long the person plans to be there, is checked to see if he or she is inadmissible. For a list of the major categories of inadmissibility, see Major Grounds of Inadmissibility, below.
What Happens If You're Found Inadmissible
The various agencies handling your immigration-related applications may decide you are inadmissible any time you ask for permission to enter or stay in the United States. These agencies include the U.S. State Department and the Department of Homeland Security, through its sub-agencies Customs and Border Protection (CBP) and U.S. Ctizenship and Immigration Services (USCIS, formerly the Immigration and Naturalization Service, or INS). These agencies' opportunities to consider whether to admit you include any time you cross the border, apply for a green card, or apply for any other type of visa or immigration status.
Being found inadmissible normally results in your application being denied. If you're at a U.S. border when this occurs, you will be turned around and sent home. If you're in the United States, you will, if you have no other visa or status, be sent to immigration court for removal from the United States.
Even a permanent resident (green card holder) isn't safe from being found inadmissible. If a permanent resident departs the United States for more than 180 days, it's possible for him or her to be found inadmissible on her return. This situation might arise, for example, if the person had committed a crime, developed HIV or tuberculosis, or begun receiving public assistance since receiving the green card. One way to avoid this problem is to apply for U.S. citizenship as soon as you're eligible.
Overcoming a Finding of Inadmissibility
Even if you fall into one of the categories of inadmissibility, you may not be absolutely barred from getting a green card or otherwise entering the United States. There are four possible ways of getting around the problem.1. Curing your physical or mental illness
If you have had a physical or mental illness that is a ground of inadmissibility and you have been cured by the time a decision is made on your application for a visa or green card, you will no longer be considered inadmissible. If the condition is not cured by then, with certain illnesses, such as HIV, you can still apply for a waiver of inadmissibility.
2. Proving that you don't fall into the category of inadmissibility
Because the grounds of inadmissibility are quite complex, the U.S. government sometimes makes mistakes and refuses people who actually deserve a visa or green card. If you are refused, don't just assume the decision was correct. With a little research, you may be able to save your application or reapply successfully.
For example, with some criminal activity, only actual convictions are grounds for inadmissibility. If, for instance, you can show that criminal charges against you were dropped, your application may be granted after all.
Proving that a ground of inadmissibility does not apply in your case is complicated business. In essence, you'll be trying to prove that the U.S. government misinterpreted the law -- a task for which you'll probably want the help of an experienced immigration lawyer.
3. Proving that accusations against you are false
You could be found inadmissible because of a factual error -- for example, your required medical examination comes back with false test results showing that you have a disease, such as tuberculosis, when in fact you're perfectly healthy. In such a case, you would need to prove that the finding of inadmissibility was incorrect -- by presenting reports from other doctors stating that their repeated tests showed you are free of the condition, for instance. Or, if you were accused of lying on a visa application, you could present evidence proving you told the truth, or that any false statements were unintentionally made.
4. Applying for a waiver of inadmissibility
If there's no doubt that you fall into a category of inadmissibility, the previous three options won't work. However, you may still be able to get a visa or green card by applying for a "waiver of inadmissibility." A waiver means that you ask the U.S. immigration authorities to overlook the problem and admit you anyway.
There are many technical factors that control whether or not a waiver of inadmissibility will be granted. You stand the best chance of success by hiring a good immigration lawyer.
| Major Grounds of Inadmissibility | Waivers Available? |
| People with communicable diseases like tuberculosis and AIDS | Yes |
| People with physical or mental disorders | Yes |
| Drug abusers or addicts | No |
| Drug traffickers | No |
| People without proper vaccinations | Yes |
| People with convictions for crimes involving moral turpitude | Yes |
| Prostitutes | Yes |
| People with multiple criminal convictions | Yes |
| Spies | No |
| Terrorists | No |
| Nazis | No |
| People likely to become dependent on welfare | No |
For the full law detailing the grounds of inadmissibility, see 8 U.S. Code § 1101 and following, or I.N.A. § 212(a).