Inadmissibility & Deportability Grounds
Date of Information: 04/21/2025
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U.S. immigration law recognizes two major legal frameworks through which individuals can be barred from entering or remaining in the United States: grounds of inadmissibility and grounds of deportability. While these concepts often overlap in practice, they are distinct in purpose, scope, and procedural application.
What Are Grounds of Inadmissibility?
Inadmissibility refers to the legal reasons a noncitizen may be denied entry into the United States or denied adjustment of status to lawful permanent residence. These grounds are assessed when someone is:
Applying for a visa or green card (adjustment of status)
Seeking admission at a port of entry
Applying for certain immigration benefits such as asylum, TPS, or DACA
Legal Authority: INA § 212(a) [8 U.S.C. § 1182(a)]
Grounds of inadmissibility include:
Health-related grounds (e.g., communicable diseases, lack of vaccinations)
Criminal convictions (e.g., crimes involving moral turpitude, drug offenses)
Security grounds (e.g., espionage, terrorism)
Public charge concerns
Unlawful presence and immigration fraud
Prior removals or misrepresentations
If any inadmissibility ground applies, the noncitizen is not permitted to enter or remain in lawful status—unless a waiver is available and granted.
What Are Grounds of Deportability?
Deportability refers to reasons a noncitizen who is already lawfully present in the U.S. may be removed (deported). These grounds are triggered when a person:
Is in the U.S. as a lawful permanent resident (LPR) or on a valid visa
Commits an act or engages in conduct that violates immigration law after admission
Legal Authority: INA § 237(a) [8 U.S.C. § 1227(a)]
Grounds of deportability include:
Criminal convictions post-admission (including some overlapping with INA § 212)
Violation of immigration status (e.g., overstaying a visa)
Fraud in the immigration process
Terrorist activities or threats to national security
Failure to register or falsification of documents
A lawful permanent resident or visa holder who falls under one of these categories may be placed in removal proceedings and subject to revocation of their status and deportation.
Key Differences Between Inadmissibility and Deportability
Strategic and Procedural Implications
Understanding whether a client faces inadmissibility or deportability is crucial for legal strategy. For example:
An applicant for adjustment of status must prove they are not inadmissible, not that they are not deportable.
A person already admitted to the U.S. may avoid removal by challenging the government’s burden to prove deportability.
Waiver eligibility varies significantly between the two frameworks—some waivers under INA § 212(h) are available only for inadmissibility, not deportability.
Practice Tip: Dual Applicability
Certain facts may trigger both inadmissibility and deportability. For instance, a noncitizen who commits a crime involving moral turpitude (CIMT) within five years of admission may be both:
Inadmissible under INA § 212(a)(2)(A)(i)(I) if applying for a new status, and
Deportable under INA § 237(a)(2)(A)(i) if already admitted.
It is essential to determine the client’s current immigration posture to analyze which legal regime applies and craft a defense accordingly.
Conclusion
Whether advising a client facing removal or preparing an application for admission, understanding the distinction between inadmissibility and deportability is a foundational competency in immigration law. Both frameworks carry significant consequences and require nuanced legal analysis to navigate.
For legal assistance tailored to your immigration status and goals, contact Charles International Law for a confidential consultation.
Other Helpful Resources:
See Also:
CIL Guide to the Circumvention of Lawful Pathways Rule
