Grounds of Inadmissibility Flashcards
Grounds of Inadmissibility
(1) Coronavirus [TEMPORARY]
(2) Health-Related Grounds
(3) Economic Grounds
(4) Criminal Grounds
(5) Violation of Immigration Laws Regarding Entry or Documentation
(6) Fraud and Material Misrepresentation
(7) Inadequate Documentation
(8) Miscellaneous Grounds of Inadmissibility
Health Related Grounds of Inadmissibility
(1) Class A Conditions render a person inadmissible and ineligible for a visa, these are:
(a) communicable disease of public health significance per HHS regulation;
(b) failure to present documentation of vaccinations against vaccine-preventable diseases;
(c) present or past physical or mental disorder with associated harmful behavior or harmful behavior that is likely to recur;
(d) drug abuse or addiction.
(2) Class B Conditions are physical or mental health conditions that while not a ground for inadmissibility are significant enough to:
(a) interfere with the applicant’s ability to care for themselves, attend school or work; or
(b) require extensive future medical treatment or institutionalization.
Assault CIMTs
Criminal Grounds of Inadmissibility > Crimes Involving Moral Turpitude (CIMT) > Crimes against the Person > Assault:
(i) Second-degree assault (recklessly causing serious physical harm to another)
(ii) Third-degree assault (assault with intent to cause serious physical injury)
(iii) Assault with intent to rob, kill, rape, or cause abortion,
(iv) Assault with a dangerous weapon;
(v) Assault with a deadly weapon;
(vi) Indecent assault (for example, fondling a minor)
(vii) Aggravated assault (attack with intent to inflict severe bodily injury)
(viii) Aggravated assault on a police officer
(ix) Failure to stop and render aid
Battery CIMTs
Criminal Grounds of Inadmissibility > Crimes Involving Moral Turpitude (CIMT) > Crimes against the Person > Battery:
(1) Aggravated Battery
(2) Carjacking
(3) Carrying a Concealed Weapon with intent to Use
(4) Child, Spousal or Elderly Abuse
(5) Child Endangerment
(6) Child P***
(7) Communicating with a minor for immoral purposes
(8) Delinquency of a minor (facilitating criminal behavior of a minor)
(9) Failure to Support a Child (willfully and criminally leaving a child destitute)
(10) Criminal Reckless Conduct
Crimes Involving Moral Turpitude (CIMT)
(1) Crimes Against the Person (assault, battery, deadly conduct, child endangerment, identity theft, kidnapping, fleeing a police officer, mayhem, threats)
(2) Sexual Offenses (incest, indecent exposure, prostitution, solicitation, rape, statutory rape, sexual conduct with a minor)
(3) Crimes Against Property (Arson, burglary, blackmail, credit card fraud, embezzlement, extortion, identity fraud, larceny, possession of stolen property, receipt of stolen property, theft).
(4) Crimes Against the Government (bribery, counterfeiting, ID fraud, impersonating a federal officer, obstruction of justice)
Criminal Grounds of Inadmissibility include the following crimes:
(1) Crimes Involving Moral Turpitude (CIMT)
(2) Drug Offenses and Drug Trafficking
(3) Money Laundering
(4) Prostitution
(5) Significant Traffickers in Persons
(6) Multiple convictions resulting in an aggregate confinement sentence of 5 years or more;
(7)Assertion of diplomatic immunity from prosecution for serious crimes;
(8) Being responsible for or carrying out any particularly severe violations of religious freedom while serving as a foreign government official, or being the spouse or child of such a person;
INA Violations Grounds of Inadmissibility cover persons who:
Are present in the United States without being lawfully admitted or paroled;
Fail to attend removal proceedings;
Engage in fraud or misrepresentation;
Falsely claim U.S. citizenship;
Are stowaways;
Are smugglers; Page 121
Have been found to have committed civil document fraud; or
Violate the terms of their student visas.