General
Grounds for Inadmissibility: Grounds
for inadmissibility can be brought against undocumented
individuals, non-citizens seeking re-entry, and non-citizens
seeking a green card. Legal Permenant Residents attempting
to apply for naturalization will likely have difficulty
if they are found inadmissible because of criminal grounds.
Criminal grounds include those that can be generally
classified into the following categories:
1.
A single crime deemed morally reprehensible.
2. Any controlled substance law violation.
3. Two or more convictions with combined prison sentences
of five years or more.
4. Suspicion of being involved in the trafficking of
illegal drugs.
5. Having engaged in an illegal occupation such as prostitution.
6. Habitual users of drugs
Other
individuals may face grounds of inadmissibility if they
are deemed mentally or physically incapacitated in a
manner that makes them a potential threat to themselves
or others.
In
regards to prostitution, an alien is excludable under
INA 212(a)(2)(D) if he or she:
(i) is coming to the United States solely, principally,
or incidentally to engage in prostitution, or has engaged
in prostitution within 10 years of the date of application
for a visa, entry, or adjustment of status,
(ii) directly or indirectly procures or attempts to
procure, or (within 10 years of the date of application
for a visa, entry, or adjustment of status) procured
or attempted to procure or to import, prostitutes or
persons for the purpose of prostitution, or receives
or (within such 10-year period) received, in whole or
in part, the proceeds of prostitution, or
(iii) is coming to the United States to engage in any
other unlawful commercialized vice whether or not related
to prostitution, is excludable.
However,
individuals engaged in prostitution may be eligible
for waivers (I.N.A. Sec. 212h)
