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Legal Information: Federal


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January 30, 2018

What are the grounds of inadmissibility?

One of the basic requirements to obtain U visa status is that you are not in violation of the immigration law's "inadmissibility" grounds or, if you are, that a waiver is filed to ask that those violations be excused.*  The inadmissibility grounds are reasons why someone may not be able to receive an immigration benefit, like being able to enter the U.S. or receive a green card.  Some of the inadmissibility grounds include:

  • unlawful presence (being in the U.S. without permission and then leaving the U.S.);
  • certain crimes;
  • entering the U.S. without permission;
  • having lied to immigration;
  • falsely claiming to be a U.S. citizen for any benefit; and
  • security grounds (related to terrorism).**  Note: This is not a complete list.

* INA § 212(d)(14)
** INA §§ 212(a)(9)(B), 212(a)(2), 212(a)(6)(A)(i), 212(a)(6)(C)(i), 212(a)(6)(C)(ii), 212(a)(3)