"Inadmissability"

So, in order to understand what happens in the office, my boss gave me a huge book explaining the ins and outs of family based immigration. I fondly refer to this book as the "giant book of death" when no one else is around. But, honestly I'm facinated by everything that's in it.

I'm kind of a nerd. Ever since graduation in May I've been wanting to go back to class and talk about international politics all day. Ahhh.... The good old days! But, when I found out that I would have to sift through dense reading material for my current job so that I could become fluent in immigration law and use my knowledge to help others, I was overjoyed! I get to help people  AND STUDY?!!! Best job ever!

So, I just completed reading and note-taking on Chapter 6 of the giant book of death, which happened to be my most angry chapter (as in I was very angry reading it...). It was the chapter on Inadmissability, or in other words, those populations of aliens who the USCIS deems inappropriate to admit for residency in the USA.

There are 10 categories that are grounds for inadmissability:
1. Health - related (okay, I kinda get this one...)
2. Criminal- related (okay.)
3. National Security- related (duh)
4. Public Charge (huh?)
5. Labor Protection (sure sure)
6. Fraud or Other Immigration Violations (interesting...)
7. Documentation Requirements- related (okay.)
8. Prior removals/Unlawfal presence in USA (okay...)
9. Grounds relating to military service in the USA (not sure what this means...)
10. Miscellaneous Grounds (the catch all!)

So, there are a million things that could make you inadmissable into the USA. For starters, your health! If you have a communicable disease, as defined by the Department of Health and Human Services, you cannot enter the USA unless you've found treatment for them. This laundry list includes: TB, infectious leprosy, HIV, chancroid, gonorrhea, granuloma, inguinale, lymphogranuloma venerum, and the infection stage of syphilis!
Gonorrhea definitely made me giggle... STDs are apparently a major threat to national security. Especially since we don't have any in the USA to begin with... But, in all honesty, the idea of denying entry due to these communicable diseases makes a lot of sense. We don't want any leprosy here, ya know?

The part that got me angry was the next helath-related ground: Physical or Mental Disorders. Really, Department of Homeland Security? You're going to discriminate based on that?! The law defines this ground for inadmissability as " if the individual has a physical or mental disorder with a history of harmful behavior associated with the disorder," not including alcohol abuse. I just don't understand why this is grounds for denying someone residency in the USA. It's not like we deport all of those currently residing in the USA with mental disorders. What if the reason they and their family is moving to the USA is to procure treatment for such a disorder? What then, DHS?

Thankfully, any alien regardless of their relationship to the petitioner can waive this requirement at the USCIS' discretion. Usually, this is for humanitarian puproses- like preserving the family unit.

Another interesting helath- related ground for inadmissabictility is drug abuse and addiction. DHS is really strict on this one. Though it again, excludes alcohol abuse, this section of the Immigration and Naturalization Act inlcudes a broad range of drugs. And they're all on different priority levels, marijuana is on the most severe level just to give you an idea... 

Though experimentation is forgivable in the eyes of USCIS, if you have a history of "non-medical use of a substance listed in section 202 of the Controlled Substances Act... which has not necessarily resulted in physical or psychological dependence" then you are not getting in the USA legally!

Aside from immunizations (which is a requirement for every application, with a few exceptions), that's all in the health-related section.

There's a lot more that could prove you inadmissable, but for now I'll just keep this post to the health-related. I'll get to the other ones in future posts. There are some really interesting ones. Like the criminal-related grounds...

Actually, I'll get a little bit into the criminal-related stuff because that applies to a case that I sat in on Tuesday. I won't use any names for security purposes and I don't want to get into too much detail for the same reason... but, USCIS wants to deport one of our clients. So, we had to go to court Tuesday to contest the charges, kind of like an arraignment but for immigration court. The court itself was kind of funny to me. When you first enter you have to go through airport-like security (except you get to keep your shoes!) and then there's this little Cuban food stand, where I received a thimble fully of that potent Cuban coffee (don't tell DHS but I'm pretty sure that stuff has crack in it! lol SO GOOD!). Hanging on the wall just above the coffe machine are two giant seals, one slightly bigger than the other- the Department of Justice and the Department of Homeland Security (which is the umbrella organization for CBP, USCIS, ICE, etc. ). Yes, the DHS seal was the bigger one, which I took to be an indicator of how things work in immigration court.

Anyways, the DHS' prosecutor (from ICE) is arguing that our client is "deportable" based on two separate assault charges, one from over 20 years ago and the other from over 30 years ago (our client is very old!). Normally assault charges aren't that serious unless they're either armed or if they're committed with the intent of commiting a felony involiving "moral turpitude". ICE is arguing that both instances of assault were "Crimes of Moral Turpitude".

"CMT" is not defined by USCIS or any other ograniztaion. This makes these types of charges relatively ambiguous and much at the discretion of the DOJ and ICE to determine case by case. CMTs are usually crimes of fraud, murder, voluntary manslaughter, or rape. Often times prostitution, arsen, larceny, and burglary are also considered CMTs.

Usually, if your guilty of more than one CMT you become automtically inadmissable.