Grounds of Inadmissibility: What Can Block a Visa or Green Card
U.S. immigration law defines specific grounds of inadmissibility—legal reasons
someone may be denied a visa, entry, or a green card. Identifying the correct ground is the
starting point for determining whether a waiver is possible and what strategy applies.
Why this page matters
Inadmissibility usually applies when someone is applying for a visa, entering the U.S., or
seeking a green card. Some grounds can be waived. Others cannot. Filing without understanding
which ground applies can permanently complicate a case.
seeking a green card. Some grounds can be waived. Others cannot. Filing without understanding
which ground applies can permanently complicate a case.
What are grounds of inadmissibility?
Grounds of inadmissibility are listed in INA § 212(a). They cover a wide range of issues,
including prior immigration violations, fraud, certain criminal history, health-related
issues, and prior removals. The same facts may be treated differently depending on whether
the case is handled through consular processing or adjustment of status.
Unlawful presence
Accruing unlawful presence and then departing the U.S. can trigger 3-year or 10-year bars to
reentry. These bars are among the most common reasons marriage-based cases stall at consular
processing.
reentry. These bars are among the most common reasons marriage-based cases stall at consular
processing.
Fraud or misrepresentation
Misrepresentation findings can arise from visa applications, border entries, or prior filings.
These cases are highly fact-specific and often misunderstood by applicants.
These cases are highly fact-specific and often misunderstood by applicants.
Prior removal or unlawful reentry
Prior deportation or removal orders can bar reentry for years or permanently without
permission to reapply.
permission to reapply.
Waivers depend on the ground
Some grounds can be waived through an I-601 or I-601A. Others cannot. The availability of a
waiver depends on the exact statutory ground and procedural posture.
waiver depends on the exact statutory ground and procedural posture.
FAQs: Grounds of Inadmissibility
Does marriage erase inadmissibility?
No. Marriage may create eligibility for a green card, but it does not automatically
eliminate inadmissibility or guarantee a waiver.
eliminate inadmissibility or guarantee a waiver.
Can someone be inadmissible without knowing it?
Yes. Many inadmissibility findings arise years later based on prior entries, filings,
or statements that seemed minor at the time.
or statements that seemed minor at the time.
Should I file before confirming whether I’m inadmissible?
Usually no. Filing without a clear inadmissibility analysis can increase risk and
foreclose safer options.
foreclose safer options.