Inadmissibility
What does "Inadmissibility" mean in law?
Inadmissibility refers to the statutory grounds under INA section 212(a) that render a noncitizen ineligible for admission to the United States or for adjustment of status to lawful permanent resident. The grounds are extensive and include health-related issues, criminal convictions (such as crimes involving moral turpitude and controlled substance offenses), security and terrorism concerns, public charge likelihood, prior immigration violations (including the three-year and ten-year unlawful presence bars), fraud or misrepresentation, and lack of proper documentation. Some grounds of inadmissibility may be waived through applications such as Form I-601 or I-601A, depending on the ground and the applicant's qualifying relationships. Inadmissibility is distinct from deportability, which applies to noncitizens already admitted; an individual may be deportable but not inadmissible, or vice versa.
Definition
Inadmissibility refers to the statutory grounds under INA section 212(a) that render a noncitizen ineligible for admission to the United States or for adjustment of status to lawful permanent resident. The grounds are extensive and include health-related issues, criminal convictions (such as crimes involving moral turpitude and controlled substance offenses), security and terrorism concerns, public charge likelihood, prior immigration violations (including the three-year and ten-year unlawful presence bars), fraud or misrepresentation, and lack of proper documentation. Some grounds of inadmissibility may be waived through applications such as Form I-601 or I-601A, depending on the ground and the applicant's qualifying relationships. Inadmissibility is distinct from deportability, which applies to noncitizens already admitted; an individual may be deportable but not inadmissible, or vice versa.
Example
An applicant for adjustment of status is found inadmissible under INA section 212(a)(6)(C)(i) for having previously used a fraudulent passport to enter the United States, requiring her to file an I-601 waiver demonstrating extreme hardship to a qualifying U.S. citizen relative.