Classes
of Aliens Ineligible to Receive Visas
Ineligibilities
Any individual
found to be inadmissible is not eligible to receive
a visa to the United States.
Determination
of whether one is admissible into the United States
should be done by an experienced Immigration lawyer.
If you have any questions or concerns about whether
you are admissible, make sure to contact a lawyer.
Not doing so may cause you your liberty and access
to your family.
Don’t
get yourself deported. Be informed.
Any alien
who is inadmissible for any of the following reasons,
is ineligible to receive visas and ineligible to be
admitted to the United States.
The following
are some of the most common grounds of inadmissibility
pursuant to Section 212(a) of the Immigration and
Nationality Act:
- (1) Health-related
grounds:- anyone determined (in accordance
with regulations prescribed by the Secretary of
Health and Human Services) to have a communicable
disease of public health significance, which shall
include infection with the etiologic agent for
acquired immune deficiency syndrome, or to have
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 alien or others, or to have had a physical
or mental disorder and a history of behavior associated
with the disorder, which behavior has posed a
threat to the property, safety, or welfare of
the alien or others and which behavior is likely
to recur or to lead to other harmful behavior,
or who is determined (in accordance with regulations
prescribed by the Secretary of Health and Human
Services) to be a drug abuser or addict, is inadmissible.
-
(2) Criminal
and related grounds:
-
(A) Conviction of certain
crimes.- any alien convicted of, or who admits
having committed, or who admits committing acts
which constitute the essential elements of-a crime
involving moral turpitude, or a violation of (or
a conspiracy or attempt to violate) any law or
regulation of a State, the United States, or a
foreign country relating to a controlled substance
(as defined in section 102 of the Controlled Substances
Act (21 U.S.C. 802)), is inadmissible.
-
(B) Multiple criminal convictions.Any
alien 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
to confinement 2/ were 5 years or more is inadmissible.
-
(C) CONTROLLED SUBSTANCE
TRAFFICKERS. Any alien who the consular officer
or the Attorney General knows or has reason to
believe is or has been an illicit trafficker in
any controlled substance or in any listed chemical
(as defined in section 102 of the Controlled Substances
Act (21 U.S.C. 802)), or is or has been a knowing
aider, abettor, assister, conspirator, or colluder
with others in the illicit trafficking in any
such controlled or listed substance or chemical,
or endeavored to do so; or is the spouse, son,
or daughter of an alien inadmissible under clause
(i), has, within the previous 5 years, obtained
any financial or other benefit from the illicit
activity of that alien, and knew or reasonably
should have known that the financial or other
benefit was the product of such illicit activity,
is inadmissible.
-
(D) Prostitution and commercialized
vice.-Any alien who-(i) is coming to the United
States solely, principally, or incidentally to
engage in prostitution, or has engaged in prostitution
within 10 years of the date of application for
a visa, admission, or adjustment of status, (ii)
directly or indirectly procures or attempts to
procure, or (within 10 years of the date of application
for a visa, admission, or adjustment of status)
procured or attempted to procure or to import,
prostitutes or persons for the purpose of prostitution,
or receives or (within such 10- year period) received,
in whole or in part, the proceeds of prostitution,
or (iii) is coming to the United States to engage
in any other unlawful commercialized vice, whether
or not related to prostitution, is inadmissible.
-
Significant Traffickers of
human persons
-
Money laundering
-
Terrorist acitivity
-
among
other crimes of moral turpitude
As
you can see, the topic of inadmissibility is complex
and Immigration laws are extremely strict.
It is in your
best interest to seek information from a
knowledgeable Immigration lawyer to answer any questions
you may have about being admissible.
A knowledgeable
immigration lawyer will also be able to assist you
and give you counsel about the available
waivers for inadmissibility and whether you are
eligible.
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