Inadmissibility Grounds
Immigration Law · Lesson 09
Inadmissibility Grounds
這一課問的是：P 是否依 INA § 212 不可入境？是否有豁免？
ActorActObjectStandardConsequence
Issue · what this lesson is really about
Is P inadmissible to the US under INA § 212 — and is a waiver available?
這一課問的是：P 是否依 INA § 212 不可入境？是否有豁免？
Trigger words & phrases that should flag this issue:
inadmissiblepublic chargecriminalfraudunlawful presence
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
INA § 212
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Lists grounds of inadmissibility.
INA § 212。
health-related
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Communicable disease, vaccination, drug abuse.
健康類。
criminal
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CIMT, drug offenses, multiple convictions.
犯罪類。
security
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Terrorism, espionage.
安全類。
public charge
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Likely to become primarily dependent on government.
公共負擔。
fraud/misrepresentation
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Lying for immigration benefit — permanent bar.
詐欺/不實陳述。
unlawful presence
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3-year bar (180+ days), 10-year bar (1+ year).
不法居住期間。
§ 212(d)(3) waiver
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Discretionary waiver of most inadmissibility grounds for nonimmigrants.
§ 212(d)(3) 豁免。
Rule Sentence · the workhorse
Under INA § 212, non-citizens may be inadmissible on health-related, criminal, security, public charge, fraud, unlawful presence, and other grounds; specific waivers are available for some grounds, including INA § 212(d)(3) for nonimmigrants, § 212(i) for fraud, and § 212(h) for certain criminal grounds.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人applicant for admission求入境者
Act 行為seeking entry or status求入境或身份
Object 對象admission to US入境美國
Standard 法律標準INA § 212 + waiversINA § 212 + 豁免
Consequence 後果admitted or denied准入或拒入
Casebook Snapshot · a real American case
Kerry v. Din (revisited)
Holding. Consular officers' denials of visas based on inadmissibility grounds (especially security-related) receive limited judicial review under the doctrine of consular non-reviewability.
Why it matters. Visa denials based on inadmissibility largely insulated from review.
領事不可審查原則限制司法審查。
Common Mistakes · what trips students
✗ any conviction bars。
✓ Petty offense and youthful exceptions for CIMT.
CIMT 有 petty 與年輕例外。
Mini IRAC · build the Application
Issue. Is P inadmissible based on her conviction 8 years ago for shoplifting a $50 item?
Rule. Inadmissibility for crime involving moral turpitude (CIMT) is subject to petty offense exception: single CIMT with max possible sentence ≤ 1 year and actual sentence ≤ 6 months.
Application (model). P's shoplifting of $50 item is generally CIMT; assume max sentence was 1 year and actual sentence was probation. Because the petty offense exception applies to single CIMTs with low possible/actual sentences, the fact that P's offense meets the petty offense criteria means P is not inadmissible despite the CIMT conviction.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, P is not inadmissible under the petty offense exception.
MBE Check · multiple choice
P, undocumented in US for 2 years, leaves voluntarily and seeks to return on visa. Inadmissibility?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: