What are the Most Common Reasons I May be Denied from Legally Entering or Being Admitted into the United States?

If you are a non-citizen seeking entry or admission into the United States, whether on a temporary (i.e., non-immigrant) or permanent (i.e., immigrant) basis, one of the most important factors to take into consideration is whether you are subject to any "grounds of inadmissibility," and therefore, at risk of being denied entry into the U.S.

Under the Immigration and Nationality Act ("INA"), the U.S. Congress has specified these grounds of inadmissibility as categories of actions, offenses, conditions or circumstances that if applicable, will disqualify you from being eligible for visas or admission into the United States. While some of these grounds allow an individual to apply for a waiver, there are others that act as a complete and total bar to lawfully entering the U.S. Furthermore, it's important to note that not all individuals qualify for a waiver, even if one is available.

The most common grounds of inadmissibility are categorized as follows: Health Related Grounds, Criminal and Related Grounds, Security and Related Grounds, Public Charge, Illegal Entrants and Immigration Violators, and Aliens Previously Removed. Although this is not the complete list of grounds, these are certainly the categories that many non-citizens encounter when seeking admission into the United States. For each major category listed above, I will focus on the more common specific grounds within each and clarify whether there is a waiver available to non-immigrants and/or immigrants seeking admission into the U.S.

HEALTH RELATED GROUNDS

Communicable Diseases: If you are determined to have a communicable disease of public health significance (the list of applicable diseases can be found here), you are deemed inadmissible.
- Non-Immigrant - Waiver available
- Immigrant - Waiver available

Lack of Mandatory Vaccinations: If you have failed to present sufficient documentation of having received vaccination against vaccine-preventable diseases, which includes at least the following: mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B and hepatitis B, COVID-19, and any other vaccinations recommended, you are deemed inadmissible.
- Non-Immigrant - Not applicable
- Immigrant - Waiver available

Physical or Mental Disorder: If you are determined to currently have or have a history of a physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the non-citizen or others, you are deemed inadmissible.
- Non-Immigrant - Waiver available
- Immigrant - Waiver available

Drug Abuser/Drug Addict: If you are determined to be a drug abuser or drug addict, you are deemed inadmissible.
- Non-Immigrant - Waiver available
- Immigrant - No waiver available

CRIMINAL AND RELATED GROUNDS

Crime Involving Moral Turpitude: If you are convicted of or admit having committed, or admit committing the act which constitutes the essential elements of a crime involving moral turpitude (e.g., crimes such as theft, robbery, fraud, identity theft, etc.), you are deemed inadmissible.
- Non-Immigrant - Waiver available
- Immigrant - Waiver available

Controlled Substance Violations (Drug Crimes): If you are in violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country related to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802), you are deemed inadmissible.
- Non-Immigrant - Waiver available
- Immigrant - Waiver available

Multiple Criminal Convictions: Any non-citizen convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences of confinement were 5 years or more is deemed inadmissible.
- Non-Immigrant - Waiver available
- Immigrant - Waiver available

Controlled Substance (Drug) Traffickers and Family Members: Any non-citizen who is or has been an illicit trafficker in any controlled substance or is or has been a knowing aider, abettor, assister, conspirator or colluder with others in illicit trafficking in any controlled substance or is the spouse, son or daughter of a trafficker who within the previous 5 years has obtained a financial or other benefit from the trafficking is deemed inadmissible.
- Non-Immigrant - Waiver available
- Immigrant - No waiver available

Prostitution: Any non-citizen coming to the United States to engage in prostitution or has engaged in prostitution within 10 years prior to application for visa or entry or directly or indirectly procures or attempts to procure or import prostitutes is deemed inadmissible
- Non-Immigrant - Waiver available
- Immigrant - Waiver available

SECURITY AND RELATED GROUNDS

Espionage: Any non-citizen who seeks to enter the United States to engage in any activity relating to espionage or sabotage or to violate laws prohibit the export from the U.S. of goods, technology or sensitive information is deemed inadmissible
- Non-Immigrant - No waiver available
- Immigrant - No waiver available

Overthrow of U.S. Government: Any non-citizen who seeks to enter the United States to engage in any activity, a purpose of which is the opposition to, or the control or overthrow of the government of the U.S. by force, violence or other unlawful means is deemed inadmissible
- Non-Immigrant - No waiver available
- Immigrant - No waiver available

Terrorist Activities: Any non-citizen who has engaged in terrorist activity, plans on engaging in such activity, has indicated an intention to cause death or serious bodily injury or incited terroristic activity, or is a representative of a terrorist organization is deemed inadmissible.
- Non-Immigrant - Waiver available
- Immigrant - No waiver available

PUBLIC CHARGE

Any non-citizen who at the time of application for admission or adjustment of status is likely at any time to become a public charge is deemed inadmissible. Essentially, if you are likely to go on public assistance or seek public benefits such as welfare, food stamps, medicaid, etc. The government will take into consideration factors such as age, health, family status, assets, resources, financial status and education and skills.
- Non-Immigrant - Waiver available
- Immigrant - Waiver available

ILLEGAL ENTRANTS AND IMMIGRATION VIOLATORS

Non-citizens Present without Admission or Parole : Any non-citizen who is in the United States without being admitted or paroled or who enters at any time or place other than at a designated port of entry, border, airport, etc. is deemed inadmissible.
- Non-Immigrant - Not applicable
- Immigrant - Waiver available

Failure to Attend Removal Proceeding: This is self explanatory, if you fail to attend your removal hearing, you will be deemed inadmissible.
- Non-Immigrant - Waiver available
- Immigrant - No waiver available

Misrepresentation: Any non-citizen who by fraud or willfully misrepresenting a material fact, seeks to procure a visa, other documentation or admission into the U.S. or other benefit provided under the INA is deemed inadmissible.
- Non-Immigrant - Waiver available
- Immigrant - Waiver available

False Claim to U.S. Citizenship: Any non-citizen who falsely represents, or has falsely represented, himself or herself to be a citizen of the U.S. for any purpose or benefit under the INA or any other Federal or State law is deemed inadmissible.
- Non-Immigrant - Waiver available
- Immigrant - Waiver available

ALIENS PREVIOUSLY REMOVED

Arriving Non-citizens: Any non-citizen who has been ordered removed or is placed in removal proceedings upon arrival in the U.S. and seeks admission within 5 years of the removal date is deemed inadmissible.
- Non-Immigrant - Waiver available
- Immigrant - Waiver available

Unlawful Presence: Any non-citizen who was unlawfully present in the U.S. for more than 180 days but less than 1 year, or more than 1 year, and voluntarily departed the U.S. and attempts to seek admission within 3 years or 10 years respectively, is deemed inadmissible.
- Non-Immigrant - Waiver available
- Immigrant - Waiver available

Unlawful Presence After Previous Immigration Violations: Any non-citizen who has been unlawfully present in the U.S. for an aggregate period of more than 1 year or has been ordered removed and who enters or attempts to reenter the U.S without being admitted or paroled is deemed inadmissible.
- Non-Immigrant - Waiver available
- Immigrant - Waiver available

If you believe that you might be subject to a ground of inadmissibility and want to learn more or would like a consultation with our experienced immigration attorneys, please do not hesitate to give us a call or schedule a consultation using the button at the top of our website.

Disclaimer: This blog post and similar posts are not to be considered as providing legal advice. The discussion here is meant for educational and informational purposes only and shall not create an attorney-client relationship with the readers of this content.