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WHO IS PROHIBED FROM RECEIVING A PERMANENT VISA ?

Note that some of these inadmissibility grounds could apply to permanent residents returning to the United States.

Major Inadmissibility Grounds :

- Health Grounds. Can not be admitted to the United States if applicant has:

(1) a communicable disease of public health significance
(2) mental or physical disorder posing threat to the property or safety of others
(3) addiction to non-medical drugs, or
(4) not received the required vaccinations for immigrant visas.
Waiver might be available

- Public charge. One cannot be admitted if he/she is likely to become a public charge unless an affidavit of support from a U.S. citizen who has the financial means to support the applicant or reimburse the U.S. government for any public benefits received by the applicant during his stay in the United States.

- Crime of Moral Turpitude. Cannot be admitted if applicant has committed a "crime of moral turpitude" within five years of admission and when more than 18 years old. Crime of moral turpitude include any act which is inherently base, vile, or depraved, and contrary to the accepted rules of morality.
Exception i

(1) maximum penalty possible for the crime was less than one year
(2) the applicant was not sentenced to more than six months and
(3) only one crime committed.

- Drug Offenses. Cannot be admitted if applicant violated any law or regulation of any country related to the control of certain illegal drugs. Includes any conviction for attempt or conspiracy to commit the crime. Waiver available only for simple possession of less than thirty grams of marijuana.

- Convicted of two or more offenses with a sentence of five years or more is a ground of inadmissibility even if offenses are committed out of the same scheme and regardless of whether the offenses are crimes of moral turpitude.

- Prostitution within the last ten years of application for admission even if prostitution is legal in country of origin.

- Diplomats who have used their immunity to avoid U.S. prosecution of serious crimes

- Persons practicing polygamy

- Persons who have been previously removed within the last five years without a hearing

- Persons who have been previously removed as a result of a deportation hearing within the last ten years. Can obtain waiver

- Persons who have been unlawfully present in the United States for more than 180 days cannot be admitted within three years of their departure from the U.S. They must wait ten years if the unlawful presence lasted more than one year. Unlawful presence starts after the expiration of the authorized stay granted at the border (usually the date placed in the I-94 card upon entry) or from the date of entry if the person was not inspected by an immigration officer.
Does not apply to minors (<18), refugees or battered persons.
Waiver available only for application for an immigrant visa and provided that one can show extreme hardship to a spouse or parent who is a U.S. citizen or permanent resident.
Very difficult to get the waiver.

- Persons who have aided, encouraged, induced or participated in bringing illegal persons to the United States. Waiver available if sponsored by family member for the green card.

- Persons who used false documentation.
Waiver available if sponsored by family member for the green card.

- Student visa abusers.

- Misrepresentations. Any person who misrepresented a material fact bearing on his/her eligibility for any immigration benefit is inadmissible. One who comes to visit the U.S. and works within thirty days after entering is considered to have misrepresented the fact that he/she was coming as a visitor. Waiver might be available if showing of extreme hardship to spouse or children who are U.S. citizens or permanent residents.

- Persons who are presumed to intend to come to the United States for espionage, sabotage, terrorism or any other unlawful activity

- Members of totalitarian parties within the last two years cannot obtain an immigrant visa. Waiver might be available if sponsored by family member who is U.S. citizen or permanent resident.