Inadmissibility

Inadmissibility means that immigration law bars a person from entering or staying in a country, or from getting a visa or permanent residence, because of a specific ground such as criminality, security, health, finances, or misrepresentation.

On this page
  1. In Canada and the US
  2. Frequently asked questions
  3. Official sources

In Canada and the US

Canada: the grounds are in the Immigration and Refugee Protection Act (IRPA). Common ones are criminality (including impaired driving), medical grounds, financial reasons, and misrepresentation. Options include criminal rehabilitation, a record suspension, or a temporary resident permit. See our inadmissibility guide.

United States: the grounds are in section 212(a) of the Immigration and Nationality Act, covering crimes, health, public charge, fraud, unlawful presence, and security. Some can be overcome with a waiver. See visa denials and waivers.

Inadmissibility cases can be complex and outcomes are discretionary. Talk to a lawyer (or an RCIC in Canada) before applying or traveling.

Frequently asked questions

Can a DUI make me inadmissible to Canada?

Yes. Impaired driving is serious criminality in Canada, so a DUI conviction can make you inadmissible.

Does inadmissibility last forever?

Not always. Some grounds end with time or through rehabilitation or a waiver.

Is inadmissibility the same as a visa refusal?

A refusal can be based on inadmissibility, but visas are also refused for other reasons, like weak ties.

Official sources

  1. Justice Laws: Immigration and Refugee Protection Actlaws-lois.justice.gc.ca
  2. USCIS: Form I-601uscis.gov

General information, not legal advice. NorthAmericans.com is independent and not affiliated with any government.