Grounds of inadmissibility of Immigrating to the US (National Security and Economic Grounds)
This article covers the grounds of inadmissibility for US immigration regarding National Security and Economic Grounds.
National Security and Related Violations
1. Governmental saboteurs, spies, or violators of technology transfer or export laws.
- No waiver available under any circumstance
2. Person planning to overthrow the US government
- No waiver available under any circumstance
3. Persons planning to engage in unlawful activity
- No waiver available under any circumstance
4. Terrorists and members or representatives of foreign terrorist organizations.
- No waiver available under any circumstance
5. Persons whose entry would have adverse consequences for US foreign policy, unless the applicant is an official of a foreign government, or the applicant's activities or benefits would normally be lawful under the US constitution.
6. Voluntary members of totalitarian parties.
- An exception is made if the membership was involuntary, was when the applicant was under 16 years old, by operation of law, or for purposes of obtaining employment, food rations, or other "essentials" of living.
- An exception is also possible for past membership if the membership ended at least two years prior to the application (five years if the party in control of a foreign state is considered a totalitarian dictatorship). If neither applies, a waiver is available for an immigrant who is the parent, spouse, son, daughter, brother or sister of a US citizen, or spouse, son, or daughter of a permanent resident.
7. Anyone having participated in genocide, torture, the persecution of any person because of race, religion, national origin, or political opinion, extra judicial killings, or Nazi persecution.
- No waiver available under any circumstance
8. Anyone who has engaged in the recruitment or use of child soldiers
- No waiver available under any circumstance
9. Foreign Government officials who, during their service, were answerable for or directly carried out harsh violations of religious freedom.
Economic Grounds
1. Any person who, in the opinion of a USCIS or consular official, is likely to become a public charge, receiving public assistance or welfare in the Unites States. The official can consider factors such as the person's health, age, work and family history, and previous use of public benefits.
- The applicant can overcome this inadmissibility by obtaining an affidavit of support from a family member or friend.
2. Family sponsored immigrants and employment sponsored immigrants where a family member is the employment sponsor whose sponsor has not executed an affidavit of support
- The applicant may cure the ground of inadmissibility by subsequently satisfying affidavit of support requirements.
3. Nonimmigrant public benefit recipients (where the individual came as a nonimmigrant and applied for benefits when he or she was not eligible or through fraud). Five year bar to admission.
- The person can reapply in five years.
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