Grounds for Admission and Deportation under Immigration Law
📌 1. Grounds for Admission (Inadmissibility) – INA § 212
A non-citizen (also called "alien" under immigration law) seeking entry into the U.S. must be "admissible." If they fall under any ground of inadmissibility, they may be denied entry, denied a visa, or denied adjustment of status.
✅ Legal Basis:
Immigration and Nationality Act (INA) § 212(a) – [8 U.S.C. § 1182]
❗ Common Grounds of Inadmissibility:
Health-Related Grounds – INA § 212(a)(1)
Communicable diseases (e.g., tuberculosis)
Lack of required vaccinations
Physical or mental disorders with harmful behavior
Drug abuse or addiction
Criminal Grounds – INA § 212(a)(2)
Crimes involving moral turpitude (CIMT)
Drug offenses
Multiple criminal convictions
Security and Terrorism – INA § 212(a)(3)
Espionage, sabotage, terrorism, or threats to U.S. foreign policy
Public Charge – INA § 212(a)(4)
Likely to become dependent on government assistance
Immigration Violations – INA § 212(a)(6)–(7)
Misrepresentation or fraud
False claim to U.S. citizenship
Entry without inspection (EWI)
Failure to possess a valid visa
📌 2. Grounds for Deportation (Removability) – INA § 237
A non-citizen who is already in the U.S. (even lawfully) can be deported (removed) if they become removable under INA § 237.
✅ Legal Basis:
INA § 237(a) – [8 U.S.C. § 1227]
❗ Common Grounds of Deportability:
Criminal Offenses – INA § 237(a)(2)
CIMT within 5 years of admission (or 10 years in some cases)
Aggravated felonies
Drug offenses (other than small possession of marijuana)
Firearms offenses
Domestic violence, stalking, child abuse
Status Violations – INA § 237(a)(1)
Visa overstay
Violation of terms of admission
Fraud in procurement of visa or entry
Security and Related Grounds – INA § 237(a)(4)
Threats to national security
Espionage
Terrorist activities
Public Charge (Post-Entry) – INA § 237(a)(5)
Becoming a public charge within 5 years of entry due to causes existing at time of entry
Unlawful Voting or False Claim to Citizenship – INA § 237(a)(6)
Even a single false claim to U.S. citizenship can lead to removal
📌 Key Distinction: Inadmissibility vs Deportability
| Factor | Inadmissibility | Deportability |
|---|---|---|
| Applies to | Those seeking entry (visa, green card, etc.) | Those already inside the U.S. |
| Governing Law | INA § 212 | INA § 237 |
| Legal Standard | Burden on applicant to prove admissibility | Burden on government to prove removability |
📚 Waivers and Relief
Some grounds of inadmissibility or deportability may be waived under certain conditions:
212(h) Waiver – For some criminal grounds
212(i) Waiver – For fraud/misrepresentation
Cancellation of Removal – For certain permanent residents and non-permanent residents
Asylum, Withholding of Removal, CAT – For those fearing persecution or torture
✅ Summary
| Ground | INA Section | Example | Case |
|---|---|---|---|
| Health Issues | § 212(a)(1) | Tuberculosis, drug addiction | Matter of V-S- |
| Criminal Activity | §§ 212(a)(2), 237(a)(2) | Theft, drug offenses, CIMT | Padilla v. Kentucky, Lopez |
| Immigration Fraud | §§ 212(a)(6), 237(a)(1) | Fake documents, misrepresentation | Matter of D-L- & A-M- |
| National Security | §§ 212(a)(3), 237(a)(4) | Terrorist support, espionage | Matter of A-H- |
| Public Charge | §§ 212(a)(4), 237(a)(5) | Likely to depend on welfare | Policy-driven |
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