Section 212(a) of the Immigration and Nationality Act (INA) (8 USC § 1182 - Inadmissible aliens) provides grounds for inadmissibility and deportation that include various crimes, communicable diseases, past immigration violations, and the likelihood of needing government financial assistance. Crimes on an immigrant’s record are analyzed under the grounds of “deportability.” Anyone who has committed a serious or violent crime is likely to be both inadmissible and deportable.
Conviction of a crime involving moral turpitude (but not a purely political offense) includes any attempt or conspiracy to commit such a crime and excludes crimes committed when the person was under the age of 18 years, so long as the person was released from jail more than five years before applying for a visa or other immigration benefit. It also excludes crimes for which the maximum penalty did not exceed one year in prison and the person was not, in fact, sentenced to more than six months in prison.
· Conviction or admission of a controlled substance violation, whether under US or foreign law, including any conspiracy to commit such a crime.
· Convictions for two or more crimes (other than purely political ones) for which the prison sentences totaled at least five years. This multiple-offense ground of inadmissibility applies whether or not the convictions came from a single trial and whether or not the offenses arose from a single scheme of misconduct or involved moral turpitude.
· Conviction of or participation in (according to the reasonable belief of the U.S. government) controlled substance trafficking. This includes anyone who knowingly aided, abetted, assisted, conspired, or colluded in illicit drug trafficking. It also includes the spouse, son, or daughter of the inadmissible applicant if that person has, within the last five years, received any financial or other benefit from the illicit activities, and knew or reasonably should have known where the money or benefit came from.
· Having the purpose of engaging in prostitution or commercialized vice upon coming to the United States, or a history, within the previous ten years, of having engaged in prostitution.
· Procurement or attempted procurement or importation of prostitutes, directly or indirectly, or receipt of proceeds of prostitution, any of which occurred within the previous ten years.
· Assertion of immunity from prosecution after committing a serious criminal offense in the U.S., if the person was thus able to depart the U.S. and has not since submitted fully to the jurisdiction of the relevant U.S. court .
· Commission of particularly severe violations of religious freedom while serving as a foreign government official.
· Commission of or conspiracy to commit human trafficking offenses, within or outside the U.S., or being a knowing aider, abettor, assister, conspirator, or colluder with such a trafficker according to the knowledge or reasonable belief of the U.S. government. Also inadmissible are the spouse, son, or daughter the applicant if they, within the previous five years (but when older than children), received financial or other benefits from the illicit activity and knew or reasonably should have known that the money or other benefit came from the illicit activity.
· Conviction of an aggravated felony, inadmissibility for 20 years.
· Seeking to enter the U.S. to engage in money laundering, or a history of having laundered money, or having been (according to the knowledge of the U.S. government) a knowing aider, abettor, assister, conspirator, or colluder with money launderers.
· Security violations, such as involvement in espionage, sabotage, terrorism, Nazi persecution, totalitarian parties, and so forth.