Certain people are "inadmissible" for purposes of entry into the United States, either as an immigrant or as a visitor. There are many reasons why a person could be considered inadmissible to receive a visa and enter the United States, including that the person has already entered the United States illegally or has committed another violation of the immigration laws.

This category of inadmissibility may be subject to "waiver" upon the meeting of certain requirements as determined by the Immigration and Naturalization Act (INA), the U.S. Customs and Immigration Service (USCIS), and applicable immigration regulations.

In general, someone who has entered the United States without going through the proper immigration channels, such as a smuggler or stowaway, is inadmissible. There are exceptions to this rule, such as battered women and children. In addition, people who entered the United States through the immigration channels but falsified documents or misrepresented the facts are inadmissible.

Aliens Present Without Admission or Parole

Most aliens present in the United States without having entered through the proper channels are inadmissible. Exemptions do apply in certain circumstances, including if the alien is a battered spouse or child.

Failure to Attend Removal Proceedings

Aliens are inadmissible if they had been previously in the United States and failed to attend scheduled removal proceedings within five years of attempting to re-enter the country.

Commission of Fraud or Willful Misrepresentation in Seeking a Benefit Under the INA

Any alien who commits fraud or makes a willful misrepresentation in procuring documentation to allow him or her to enter the United States is inadmissible. Fraud carries a higher burden of proof than willful misrepresentation. Whether fraud or willful misrepresentation, it must be about a "material" fact in order to cause inadmissibility. Materiality depends on whether the alien would be admissible based on the true facts and whether the fraud or misrepresentation hides facts that would be necessary to an immigration officer's determination of admissibility.

False Claims to U.S. Citizenship

An alien who falsely represents him or herself to be a U.S. citizen in order to receive a benefit under the INA is inadmissible.

Stowaways and Smugglers

A "stowaway" is a person who, without permission, hid in another person's mode of transportation for purposes of entering the U.S. illegally. A "smuggler" is someone who transports an alien, or encourages or helps an alien, to illegally enter the U.S. Both stowaways and smugglers are inadmissible.

Student Visa Abusers

If an alien in the United States violates the terms of his or her student visa by transferring to a public school when private school is what the terms of the visa contemplated, the alien is inadmissible for five years following the visa violation.

Copyright 2009 LexisNexis, a division of Reed Elsevier Inc.