U.S. Citizenship and Immigration Services on Wednesday issued new policy guidance outlining how immigration officers should determine whether noncitizens are inadmissible to the United States because of controlled-substance trafficking, significant trafficking in persons or money laundering.
The guidance, published in Volume 8 of the USCIS Policy Manual, took effect immediately and applies to benefit requests that were pending or filed on or after Sept. 23, according to USCIS Policy Alert PA-2026-14. It supersedes related previous guidance.
The update addresses three criminal and related grounds of inadmissibility under the Immigration and Nationality Act: controlled-substance trafficking under Section 212(a)(2)(C), significant trafficking in persons under Section 212(a)(2)(H) and money laundering under Section 212(a)(2)(I).
People found inadmissible under these criminal-related grounds generally cannot receive visas, be admitted to the United States or adjust their status to lawful permanent resident unless they qualify for an applicable waiver, exemption or exception, USCIS said.
The new policy manual sections define relevant statutory terms, explain who may be found inadmissible under each provision and outline potential eligibility for waivers, exemptions and exceptions.
The guidance also directs officers on the evidence they should consider and the burden of proof when making inadmissibility determinations under the three provisions.
In addition, USCIS said officers may consider financial or other benefits received by the spouse, son or daughter of a person found inadmissible for controlled-substance trafficking or significant trafficking in persons when deciding whether to grant that family member a discretionary immigration benefit.
The same consideration may apply to a former spouse who received such benefits, according to the policy alert.
The guidance adds a new Part D, titled “Criminal and Related Grounds of Inadmissibility,” to Volume 8 of the USCIS Policy Manual, which addresses admissibility.
The new sections are Chapter 10, “Controlled Substance Traffickers”; Chapter 14, “Significant Traffickers in Persons”; and Chapter 15, “Money Laundering.”
--Agencies
