Potential Grounds of Inadmissibility -

TN Visa Status / Green Card Applicants

Security and Related Grounds. INA § 212(a)(3).

Foreign citizens falling under the following security related categories may not receive a visa or gain admission to the U.S. under any status, including TN visa status, except as otherwise provided:

1. General Security Grounds.

• Inadmissible: Any foreign citizen who seeks to enter the United States to engage in espionage or sabotage or to violate U.S. export laws relating to goods, technology, or sensitive information.

• Inadmissible: Any foreign citizen who seeks to enter the United States to engage in any other unlawful activity.

• Inadmissible: Any foreign citizen who seeks to enter the United States to engage in any activity relating to the overthrow of the U.S. government by force, violence, or other unlawful means.

2. Engaged in Terrorist Activities.

• Inadmissible: Any foreign citizen who seeks to enter the United States to engage in any terrorist activity.

• Inadmissible: Any foreign citizen who is a representative or member of a terrorist organization.

• Inadmissible: Any foreign citizen who has incited or endorsed terrorist activity.

• Inadmissible: Includes the spouse or child of the foreign citizen if the terrorist activity occurred within the last 5 years.

• Exception: A spouse or child is exempt from this ground if he or she did not know of the purported terrorist activities or has renounced them.

3. Foreign Policy.

• Inadmissible: Any foreign citizen whose entry would have potentially serious adverse foreign policy consequences for the U.S.

• Exception: Foreign government officials whose beliefs, statements, or associations would be lawful in the U.S. Other foreign citizens may be eligible for this exception provided the U.S. Department of State does not object based on a compelling U.S. foreign policy interest.

4. Immigrant Membership in a Totalitarian Party.

• Inadmissible: Any immigrant who is or has been a member of or affiliated with the Communist or any other totalitarian party. Provision applies to immigrant visa (green card) holders only.

• Exceptions: For involuntary membership; past membership if previously terminated within a certain timeframe and poses no threat to the security of the U.S.; or if the immigrant is a close family member of a U.S. citizen or lawful permanent resident.

5. Nazi Persecution, Genocide, Torture or Extrajudicial Killing.

• Inadmissible: Any foreign citizen who participated in Nazi persecutions during the period beginning on March 23, 1933, and ending on May 8, 1945.

• Inadmissible: Any foreign citizen who participated in genocide.

• Inadmissible: Any foreign citizen who committed acts of torture or extrajudicial killings outside the U.S.

6. Association with Terrorist Organizations.

• Inadmissible: Any foreign citizen found to have associated with a terrorist organization and who intends to engage in activities that could endanger the welfare, safety, or security of the U.S.