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.1 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).2 Note: This is not a complete list.
1 INA § 212(d)(14)
2 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)