Legal Basis for Inadmissibility

Section 212 of the Immigration and Nationality Act (INA) outlines the grounds for inadmissibility to the U.S. A foreign national found inadmissible cannot obtain legal status, including a visa or green card, unless they qualify for a waiver.

Main Grounds for Inadmissibility
A person may be found inadmissible if they:

• Committed certain crimes or have multiple convictions.
• Violated U.S. immigration laws (e.g., overstaying a visa, illegal entry).
• Are likely to become a public charge (i.e., dependent on government benefits).
• Have a communicable disease or lack required vaccinations.
• Have a physical or mental disorder that poses a risk of harm.
• Engage in prostitution, drug trafficking, or espionage.
• Are suspected of terrorism or Nazi affiliations.

Admissibility Requirement for Foreign Nationals in the U.S.

Even if a foreign national is already in the U.S., they must prove they are admissible when:

• Applying for a visa or green card.
• Changing their immigration status (e.g., from student visa to work visa).

A foreign national applying for a green card from within the U.S. is legally viewed as if they are applying from outside the country and must meet admissibility requirements.

Findings of Inadmissibility

Multiple agencies can determine a person’s inadmissibility, including:

• U.S. Citizenship and Immigration Services (USCIS)
• Customs and Border Protection (CBP)
• The U.S. State Department

A CBP officer at a border or airport can deny entry immediately if inadmissibility is suspected. If a foreign national is already in the U.S. and deemed inadmissible, they may be placed in removal (deportation) proceedings.

Inadmissibility and Green Card Holders

Having a green card does not guarantee reentry into the U.S. if circumstances change. A lawful permanent resident (LPR) may be found inadmissible when:

• They commit a serious crime after receiving their green card.
• They contract a communicable disease that makes them inadmissible.
• They start receiving public assistance, making them a potential public charge.

LPRs who leave the U.S. for more than 180 consecutive days may be required to seek admission again and could be denied reentry.

Challenging a Finding of Inadmissibility

A foreign national may challenge inadmissibility if:

• An error was made in the decision (e.g., a misdiagnosed medical condition, incorrect records).
• They qualify for a waiver of inadmissibility.

Waiver of Inadmissibility

Some foreign nationals may apply for a waiver, which allows them to enter the U.S. despite being inadmissible. Eligibility depends on the reason for inadmissibility. Often, an applicant must prove that a U.S. citizen or LPR family member would suffer extreme hardship if they were denied entry.

Waiver Restrictions
Certain individuals cannot get a waiver, including:

• Drug traffickers or drug abusers.
• Spies and terrorists.
• Individuals with Nazi affiliations.

Foreign nationals must prove admissibility when applying for entry or a change in status. While some grounds for inadmissibility can be waived, others—such as serious criminal activity—are absolute barriers. Green card holders should be aware that their admissibility status can change, affecting their ability to reenter the U.S.