Permanent Ineligibility for Citizenship

Certain people are "inadmissible" for purposes of entry into the United States, either as an immigrant or as a visitor. There are many reasons why a person could be considered inadmissible to receive a visa and enter the United States, including that the person is permanently ineligible for citizenship.

Any alien who is permanently ineligible for citizenship is inadmissible, as are most aliens who left the United States, or remained outside the United States, to avoid or evade the draft.

There are no waivers for these two grounds of inadmissibility.

Permanent Ineligibility for Citizenship

Aliens may be ineligible to become U.S. citizens for a variety of reasons. These reasons include aliens who are convicted by court marital (or by another court) of desertion or evasion of service by leaving the United States. Aliens who apply for an exemption from U.S. military service based on their alienage are also permanently ineligible for U.S. citizenship after that point, if they were advised of the fact that such exemption would operate as a waiver to all future rights to U.S. citizenship.

Draft Evaders

Many aliens are required to register with the U.S. Selective Service in order to participate in the draft in times of military need. Among them are aliens who are permanent legal residents (who have "green cards"). Refugees and applicants for asylum must register. Also, aliens in the United States illegally must also register. This includes undocumented aliens, nonimmigrant aliens who overstayed their once-legal status and are now in the United States illegally, and applicants for adjustment of status.

If an alien leaves the United States or is outside the United States and remains outside of the country in order to evade the draft, that alien is considered inadmissible. An exception is if an alien was a nonimmigrant at the time of departing the United States and seeks to reenter the United States as a nonimmigrant.