What US INA Grounds of Inadmissibility (8 USC 1182): Classes of Aliens Ineligible for Admission and Waivers requires
Section 212 of the Immigration and Nationality Act (INA), codified at 8 U.S.C. 1182, sets out the classes of aliens who are ineligible to receive visas and ineligible to be admitted to the United States, applied by the Department of State (visa issuance) and the Department of Homeland Security (admission and adjustment). Section 1182(a) groups the grounds of inadmissibility: (1) health-related grounds (communicable diseases of public health significance, missing required vaccinations, physical or mental disorders with associated harmful behavior, and drug abuse or addiction); (2) criminal and related grounds (crimes involving moral turpitude, controlled substance violations, multiple convictions, drug trafficking, prostitution, and money laundering); (3) security and related grounds (espionage, sabotage, terrorist activities, and adverse foreign policy consequences); (4) public charge (likely to become primarily dependent on public benefits); (5) labor certification and qualifications (certain workers require Department of Labor certification); (6) illegal entrants and immigration violators (those present without admission, misrepresentation, stowaways, smugglers, and student-visa abusers); (7) documentation requirements (immigrants without valid visas and travel documents, and nonimmigrants without valid passports and visas); (8) ineligibility for citizenship (including draft evaders); (9) aliens previously removed and those unlawfully present (3-year, 10-year and permanent bars); and (10) miscellaneous grounds (polygamists, international child abductors, unlawful voters, and former citizens who renounced to avoid tax). Many grounds are subject to waivers exercised by the Attorney General, Secretary of Homeland Security or Secretary of State, though certain grounds (notably some terrorism grounds) have limited or no waiver. The grounds interact with the removal framework (8 U.S.C. 1229a) and the deportability grounds (8 U.S.C. 1227).
Pillar: Immigration & Border Control · Authority: US Congress / Department of State and Department of Homeland Security · Version: 1.0.0 · Last updated:
Primary source: https://www.govinfo.gov/content/pkg/USCODE-2022-title8/html/USCODE-2022-title8-chap12.htm
SHA-256 integrity: 8e73791303b7ad3eee24da1a565d25ade17853e34bc8246eac65f8ab406f5f3c
Primary Citations — 8 traced to source
- Immigration and Nationality Act 212, 8 U.S.C. 1182(a)(1) - health-related grounds of inadmissibility.
- Immigration and Nationality Act 212, 8 U.S.C. 1182(a)(2) - criminal and related grounds.
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