Spies are not required to apply! Any visa or green card applicant whose presence might jeopardize US safety or security is likely to be denied.
A record of involvement in terrorism, posing a security danger to the United States, or being linked with other anti-humanitarian ideologies or organizations may revoke a person’s eligibility for a U.S. visa or green card (lawful permanent residence)—in other words, making the individual “inadmissible.” This may be a major issue even for those who are not actually guilty of terrorism or other offenses, but are just suspected of having ties to organizations who are.
If you are judged “inadmissible” under U.S. immigration law, no matter what the basis of your possible eligibility for admission or residence—whether you have signed up for a tour, got a job offer from a U.S. firm, married a U.S. citizen, or won the diversity visa lottery—it will be useless. This page highlights the reasons of inadmissibility concerning terrorism and other security concerns.
(Crimes are a different but related category of inadmissibility, as stated in Crimes That Make U.S. Visa or Green Card Applicants Inadmissible.)
Section 212(a) of the Immigration and Nationality Act contains a complete list of the reasons of inadmissibility (I.N.A.). They also include infectious illnesses, prior immigration offenses, and the possibility of depending on government help based on need.
Table of Contents
Inadmissibility due to involvement in espionage or sabotage
A noncitizen will be found inadmissible to the United States if it appears that his or her intent is to engage in illegal activities such as espionage, sabotage, prohibited export of goods, technology, or sensitive information, any other unlawful activity, or to oppose, control, or overthrow the United States government through force, violence, or other unlawful means. In other words, spies and saboteurs will never be granted a visa to the United States (if the U.S. government knows about their background or intentions).
Inadmissibility Due to Terrorist Connection
A noncitizen will be declared inadmissible to the United States if he or she has almost any involvement with terrorism or a terrorist organisation, including if the person:
has engaged in or appears likely to engage in terrorist activity after entry into the United States, according to the knowledge or reasonable belief of the United States government has incited terrorist activity meant to cause death or serious bodily harm represents a terrorist organization or a political, social, or other group that endorses or espouses terrorism is a member of a terrorist organization (unless the person can prove that he or she didn’t know and should not have reasonably expected to know There is an exemption for a spouse or child who did not know or should not have reasonably known about the terrorist conduct, or who the US government thinks has renounced terrorist involvement.
Full definitions of terrorist conduct, terrorist group, and so on may be found in the legislation. In summary, terrorist activity is illegal where it occurred or would be illegal in the United States and includes hijacking or sabotage; seizing, detaining, or threatening to kill or injure people in order to compel action by the government or some other person; violent attacks on internationally protected persons; assassination; use of biological or chemical agents, nuclear weapons, or explosives, and so on.
This part of the legislation is so wide that it may include persons who are not terrorists. Assume, for example, that someone was compelled to supply food to a local terrorist gang in exchange for not torching their home. Is that individual barred from entering the United States? It’s very plausible.
In response, the United States government has stated that it will make exceptions for people who were engaged in routine commercial or social transactions, providing humanitarian assistance, or were under significant pressure if they can also meet a long list of criteria outlined in the Federal Register at FR Doc. 2014-02357.
Inadmissibility Due to Foreign Policy Considerations
If a noncitizen’s presence into the United States will have potentially substantial unfavorable foreign policy effects for the United States, that individual will be deemed ineligible and refused a visa or green card.
Exceptions may be provided for foreign government officials or candidates for foreign office, as well as for anybody whose opinions, comments, or relationships are legal in the United States.
Membership in a Totalitarian Party Implies Inadmissibility
Noncitizens who are or have been members or affiliates of the Communist or any other totalitarian party (including subdivisions or related groups), whether local or foreign, shall be ruled ineligible and will be refused a visa or green card.
Exceptions may be permitted if the individual joined the party unwillingly or by force of law, or while under the age of 16, or in order to get a job, food rations, or other necessities of life.
Another exemption occurs if the applicant for a visa or immigration benefit can demonstrate that he or she is not a security danger to the United States and that the membership or affiliation terminated at least two years ago, or five years ago if the party in issue controlled the government.
Close family members who pose no danger may also qualify for exclusions at the discretion of the United States Attorney General, for humanitarian reasons, to maintain family unity, or where it is otherwise in the public interest of the United States.
Participation in Nazi Persecution = Inadmissibility
Noncitizens who ordered, incited, assisted, or otherwise participated in persecution based on race, religion, national origin, or political opinion under the direction or in association with the Nazi German government (including occupied areas and allies) between March 23, 1933, and May 8, 1945, will be found inadmissible.
Inadmissibility Based on Torture or Extrajudicial Executions
Noncitizens who have committed, directed, incited, helped, or otherwise engaged in the crime of torture or extrajudicial killings outside the United States shall be declared inadmissible.
Inadmissibility Based on Child Soldier Recruitment or Use
Noncitizens who have recruited or utilized child soldiers are barred from entering the country. It should be noted that juvenile soldiers will not be declared inadmissible based on their position, but they may fall under one of the other reasons of inadmissibility indicated above.