Immigration laws in the United States are some of the most complex in the world. They dictate who can enter the country, how long they can stay, and who can be granted permanent residency.
Every year, millions of people apply for US visas online or green cards, hoping to start a new life in the United States.
But unfortunately, not everyone who applies will be successful. Certain categories of people are not permitted to enter the US under U.S. immigration law.
This blog will look at who these people are and why they are not allowed to enter the country. Read on!
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Who is Barred from Entering the U.S.?
There are many people who are barred from entering the United States under U.S. immigration law.
Generally, these people are those who are deemed inadmissible due to certain conditions such as health-related grounds, criminal activity, security risks, public charges, labor certification, illegal entry, smuggling and more.
Health-Related Grounds
Under U.S. Immigration law, individuals may be denied entry or admissibility to the United States due to their health condition. The U.S. Department of State outlines several health-related grounds of inadmissibility, like infectious diseases, mental disorders, and physical or mental disorders associated with dangerous behavior.
These rules are in place to save the health and safety of the U.S. public and may also affect eligibility for certain immigration benefits.
Individuals who may be inadmissible on health grounds must obtain a waiver from the U.S. Department of State before attempting to enter the country.
Criminal & Security-Related Grounds
Criminal inadmissibility is a serious issue when entering the United States. Under U.S. immigration law, those with criminal records may be deemed inadmissible.
Thus, ineligible for entry into the United States. While the specifics of each case vary, certain criminal offenses may automatically lead to inadmissibility.
Generally, any criminal offense that involves moral turpitude or controlled substances may result in inadmissibility. Moral turpitude offences refer to inherently immoral acts, such as murder, rape, and fraud.
Controlled substances refer to drugs that are illegal under U.S. law, such as drugs and cocaine. Those convicted of, or even admitted to committing, these types of offenses may be found inadmissible.
In addition, the offense's seriousness may also be considered when determining if a person is inadmissible.
Those with a history of multiple criminal convictions may be seen as a greater risk than those with only one conviction.
Even if the offense is considered minor, it could still lead to inadmissibility if committed multiple times.
National Security Grounds
Under U.S. Immigration Law, an individual may be found inadmissible due to national security reasons. This means that the individual is deemed a threat to the United States, either because of their involvement in terrorist activities, espionage, sabotage, or other activities.
In such cases, the individual would be prevented from entering the country, or, if already in the country, could be removed from the US.
Public Charge Grounds
Under Immigration Law US, an individual may be deemed inadmissible if it is determined that the person is to be a public charge. This means that the individual is likely to depend on public resources, such as government assistance and social services, for their basic needs.
To be admissible, the individual must prove that they can financially support themselves and will not become a burden to the public.
Factors such as age, health, family status, assets, resources, and education will decide whether or not the person becomes a public charge.
Labor Certification & Special Immigrant Visa Requirements
To be eligible for an immigrant visa, an individual must obtain a labor certification that certifies that there are no United state workers who are willing and qualified to do a job for which the individual is seeking an immigrant visa.
Special immigrant work visa usa requirements may also apply to certain individuals, such as religious workers, retired international organization employees, international broadcasting employees, and physicians.
If an individual does not meet the labor certification and special immigrant US visa requirements, he or she may be found inadmissible under U.S. Immigration Law.
Unlawful Presence Bars
Suppose a person has been previously removed from the United States or has unlawfully resided in the US. In that case, they may be deemed inadmissible and ineligible for a work visa USA or other immigration benefits.
Under U.S. immigration law, any person previously removed or unlawfully present in the US may be deemed inadmissible and, therefore, not allowed to enter the United States.
Individuals who have overstayed their visas or entered the country illegally may be subject to removal. Additionally, a person may be found inadmissible if they have committed certain criminal acts or has been involved in terrorist activities.
For an individual to be eligible for a visa or other immigration benefit, they need to show that they are admissible and not subject to any of the grounds for inadmissibility.
Get Additional Help From Experts!
It is vital to note that the United States does not grant visas or permanent residency to everyone who applies. If you are still in doubt about who can't get into the United States under U.S. immigration law, our experts can provide additional help.
Our work visa usa experienced team can guide you regarding various US visa types!