Inadmissibility or Exclusion Grounds Inadmissibility or Exclusion Grounds INA § 212(a) – Various classes of aliens ineligible to receive and to be admitted to the US Barring qualification for statutory waivers Alien is inadmissible at a port of entry Aliens who entered without inspection (EWI) are inadmissible on that basis even if they are still in the US INA § 212(a)(6)(A) – Changed by IIRAIRA Before entry determined the set of grounds governing someone’s removal EWI aliens were subject to deportation, not exclusion (inadmissibility) grounds Distinct from deportability grounds, which govern aliens already admitted to US In the Past Inadmissible were Excluded Deportable were Deported Now Aliens found inadmissible and deportable are BOTH SUBJECT TO REMOVAL Inadmissibility can affect future visa applications or even naturalization if someone is found to have been inadmissible at the time of entry or adjustment of status INA § 237(a)(1)(A) – A Mirror” “Magic 1st federal legislation designating excludable classes passed in 1875 Federal Appeals court called inadmissibility grounds a mirror” reflecting “magic the dears and concerns of past Congresses Excluded prostitutes, mental defectives, lunatics, idiots (1882) Also excluded insane, polygamists, aliens with contagious disease (1891) Also excludable anarchists McKinley Assassination Immigration Control Grounds Related to Integrity Documents Valid Passport, visas INA § 212(a)(7) – Certification INA § 212(a)(6)(D) – Document Once formally ordered to pay fines under INA § 274C become inadmissible Procurement of Immigration documents, benefits, or admission by fraud INA § 212(a)(6)(C)(i) – Written or oral false claims of citizenship Separate ground of inadmissibility INA § 212(a)(6)(C)(i) – Related to Surreptitious Under IIRAIRA being present in the US without having been admitted or paroled, or having arrived not at an official port of entry INA § 212(a)(6)(A) – Assisting with unlawful entry INA §§ 212(a)(6)(E), 212(d)(11) – Going Out of Status or Unlawful Presence present” for more than 180 days makes you inadmissible for 3 years “Unlawfully
Inadmissibility or Exclusion Grounds Inadmissibility or Exclusion Grounds – INA § 212(a) Various classes of aliens ineligible to receive and to be admitted to the US Barring qualification for statutory waivers Alien is inadmissible at a port of entry Aliens who entered without inspection (EWI) are inadmissible on that basis even if they are still in the US – INA § 212(a)(6)(A) Changed by IIRAIRA Before entry determined the set of grounds governing someone’s removal EWI aliens were subject to deportation, not exclusion (inadmissibility) grounds Distinct from deportability grounds, which govern aliens already admitted to US In the Past Inadmissible were Excluded Deportable were Deported Now Aliens found inadmissible and deportable are BOTH SUBJECT TO REMOVAL Inadmissibility can affect future visa applications or even naturalization if someone is found to have been inadmissible at the time of entry or adjustment of status – INA § 237(a)(1)(A) A “Magic Mirror” 1st federal legislation designating excludable classes passed in 1875 Federal Appeals court called inadmissibility grounds a “magic mirror” reflecting the dears and concerns of past Congresses Excluded prostitutes, mental defectives, lunatics, idiots (1882) Also excluded insane, polygamists, aliens with contagious disease (1891) Also excludable anarchists McKinley Assassination Immigration Control Grounds Related to Integrity Documents Valid Passport, visas – INA § 212(a)(7) Certification – INA § 212(a)(6)(D) Document Once formally ordered to pay fines under INA § 274C become inadmissible Procurement of Immigration documents, benefits, or admission by fraud – INA § 212(a)(6)(C)(i) Written or oral false claims of citizenship Separate ground of inadmissibility – INA § 212(a)(6)(C)(i) Related to Surreptitious Under IIRAIRA being present in the US without having been admitted or paroled, or having arrived not at an official port of entry – INA § 212(a)(6)(A) Assisting with unlawful entry – INA §§ 212(a)(6)(E), 212(d)(11) Going Out of Status or Unlawful Presence “Unlawfully present” for more than 180 days makes you inadmissible for 3 years