The grounds of inadmissibility discussed in the previous sections account for the majority of problems that immigration lawyers encounter. But you definitely should not ignore the less common grounds of admissibility, which are listed here. Review the list and determine if any of these merit further research on your part.
- Support for designated terrorist organization (INA §212(a)(3)(B), 8 U.S.C. §1182(a)(3)(B)).
Presumably, your fiancée or spouse is not a terrorist. But a person is also inadmissible if she has provided support to an entity designated a terrorist organization. Sometimes clients are surprised how broad that list is.
- Document fraud INA § 212(a)(6)(F), 8 U.S.C. § 1182(a)(6)(F).
Any prior act relating to document fraud potentially creates an inadmissibility problem. This includes possessing fraudulent document, not simply ly the act of forgery itself
- Significant Traffickers in Persons (INA §212(a)(2)(H), 8 U.S.C. §1182(a)(2)(H)).
Although this ground is directed primarily at human smugglers, less obvious scenarios can trigger inadmissibility under this ground. For example, I had a client who was wrongly accused by a consulate of falsifying her children’s passports. The consulate then found her inadmissible as a human trafficker. (We sued the U.S. government and got ultimately got this finding reversed).
- Smugglers (INA §212(a)(6)(E)(i), 8 U.S.C. §1182(a)(6)(E)(i)).
- Diplomats or Others Involved in Serious Criminal Activity Who Have Been Granted Immunity from Prosecution (INA §212(a)(2)(E), 8 U.S.C. §1182(a)(2)(E)).
- International Child Abduction (INA §212(a)(10)(C)).
- Espionage, Sabotage, or Illegal Activity (INA §212(a)(3)(A)).
- Stowaways (INA §212(a)(6)(D)).
- Student Visa Abuse (INA §212(a)(6)(G)).
- Aliens Ineligible for Citizenship, or Aliens who Evaded the Draft (INA §212(a)(8)).
- Unlawful Voting in the United States (INA §212(a)(10)(D)).
- Violators of Religious Freedom (INA §212(a)(2)(G)).
- Nazis, Persons Committing Genocide, Persons Committing Torture (INA §212(a)(3)(E)).
- Recruitment of Child Soldiers (INA §212(a)(3)(G)).