The terms “inadmissibility” and “removability” both refer to your ability to stay in the United States. What do they mean, exactly, and how can they affect your immigration goals?

The concept of inadmissibility applies mainly to noncitizens who are seeking admission to the United States. This can include anyone who is trying to enter the US from another country, but it can also apply if you have been present in the country without being admitted for lawful entry.

In other words, if you want to stay in the United States as a lawful immigrant, you will need to meet a number of legal requirements to show that you are eligible. You must also show that you are admissible (or permitted to enter) under the Immigration and Nationality Act (INA).

The most common grounds for inadmissibility include:

1. Lack of documentation. You lack the correct documents you need to prove that you are authorized to enter the US and become a permanent resident or citizen.
2. Health-related grounds. You have a serious disease that puts the public at risk for infection, such as chancroid, gonorrhea, leprosy in its infectious form, or tuberculosis in its active form.
3. Criminal grounds. You committed either a crime of moral turpitude (meaning an immoral or depraved act), or a criminal offense related to drugs or alcohol. Examples include murder, arson, drug trafficking, and money laundering.
4. Grounds of an immigration violation. You violated US immigration law. For example, you entered the US illegally, you failed to attend removal proceedings, or you falsely claimed US citizenship.
5. Economic grounds. The immigration authorities believe you are likely to depend on the government for support because of a condition like poverty, disease, or disability.
6. Grounds of a previous removal. You were deported previously and you have not gone through the waiting period to re-enter the US (if applicable).
7. Other grounds. You are inadmissible based on miscellaneous grounds like the practice of polygamy, international child abduction, or unlawful voting.

Some of these inadmissibility categories have exceptions, and others have waivers for specific circumstances, so make sure you consult an immigration lawyer to see whether you are admissible.

While admissibility has to do with people who are seeking admission to the United States, removability refers to the grounds used to expel (or deport) a noncitizen who has already gained admission to the US. In simple terms, removal means you’re already in the US and you are at risk of being deported.

If you are a noncitizen, you can be deported from the United States based on grounds of removability. That means you committed an offense or met a condition that could lead to your deportation.

The main categories of removability include:

1. Inadmissibility or status violation. Immigration authorities can prove that you are inadmissible when you first entered the US, or that you violated the conditions of your admission.
2. Criminal activity. You committed a crime of moral turpitude (or an especially immoral crime) like murder, arson, or robbery.
3. Falsified documents. You violated a registration requirement for your stay in the US, or you used fake documents in the immigration process.
4. Terrorism. The authorities have reason to believe that you are a threat to national security or US foreign policy.
5. Becoming a public charge. You applied for government benefits within five years of admission to the US (and you cannot prove that your need for the benefits came up after your admission).
6. Unlawful voting. You voted in an election without the legal right to do so.

You may have noticed that the concepts of inadmissibility and removability can intersect in various ways. You must always ensure that you are using the proper channels to enter the US and meet the requirements you need to stay legally, both before and after your admission.

If you have any questions or concerns about your immigration status, contact the Sanchez-Roig Law Firm, P.A. Our experienced immigration lawyers will make sure you understand your legal rights and responsibilities as a noncitizen. We look forward to helping you reach your immigration goals.