THE ABC'S OF IMMIGRATION - INADMISSIBILITY - PERSONS INELIGIBLE FOR CITIZENSHIP

Over the past few weeks we have been discussing the grounds upon which a person can be denied admission to the US.  Admission is a technical legal concept referring to the process of inspection by an immigration inspector at the port of entry.  Not every person in the US has been admitted, such as those who have entered without inspection and those who have been paroled into the US.  While the concept of “admission” was replaced with that of “entry” in 1996, admission remains the commonly used phrase.

People who are permanently barred from obtaining US citizenship and those who left the US to avoid military service during a time of war are inadmissible.  People who are ineligible to citizenship are, in turn, those who evaded military service in the US. 

For most of the twentieth century, the US had a draft for military service.  In many cases, permanent residents were required to perform military service just as citizens were.  However, in some cases a noncitizen could avoid military service, but he would have to give up all right to pursue US citizenship in the future. 

This provision has diminished in importance since the abolition of the draft and the creation of an all voluntary military.

There is no waiver of this ground of inadmissibility.