Criminal Defense of Immigrants

Appendix E:  Inadmissibility Grounds Checklist Related to Crimes

                This checklist collects crime-related grounds of inadmissibility.

                This list includes all grounds of inadmissibility listed under INA § 212(a)(2), 8 U.S.C. § 1182(a)(2) (criminal and related grounds), and additional grounds that can be said to be related to crimes.[14] 

                This checklist has been organized into two categories: (I) Conviction-based grounds of inadmissibility, which require one or more final criminal conviction(s) that meet a certain definition before inadmissibility is triggered (Appendix E, § § 2-4, infra.); and (II) Conduct-based grounds of inadmissibility, which are based not on a criminal conviction, but on some behavior or status exhibited by a noncitizen (Appendix E, § § 6-44, infra.).  Within the second category, the grounds have been further divided into grounds related to controlled substances, fraud, trafficking in persons, security, and general/miscellaneous grounds.

[14] Note that the grounds of inadmissibility and waivers for noncitizens without papers, illegally present, previously removed, and who failed to attend immigration proceedings, are not included in this checklist.