Classes of Aliens Ineligible to Receive Visas
Under the Immigration and Nationality Act, certain classes of foreign citizens (or "aliens") are ineligible for visas, or for admission to the United States. These ineligible classes are discussed below. Typically, the determination whether an individual belongs to an ineligible class is made by a U.S. Consulate officer overseas, or by a U.S. Citizenship and Immigration Services official at a point of entry to the U.S. Keep in mind that this list of ineligible classes is not exhaustive, and there are certain complex exceptions for persons in many of the classes discussed below.
Aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:
Health-Related Grounds
(a) Any alien who is determined to have a communicable disease of public health significance, including infection with acquired immune deficiency syndrome (AIDS),
(b) Any alien who seeks admission as an immigrant (or who seeks adjustment of status to that of lawful permanent resident) and who has failed to present documentation of having received vaccination against certain preventable diseases, including: mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B and hepatitis B. An exception to ineligibility under this class exists for certain adopted children 10 years of age or younger.
(c) Any alien who is determined to have a physical or mental disorder (and associated behavior) that may pose, or has posed, a threat to the property, safety, or welfare of him/herself or others, or is likely to recur or to lead to other harmful behavior
(d) Any alien who is determined to be a drug abuser or addict, is inadmissible.
Criminal and Related Grounds
(a) Any alien convicted of, or who admits having committed, almost any type of crime (other than a purely political offense), EXCEPT if the crime was committed when the alien was under 18, AND was committed (and the alien released from incarceration) more than 5 years before the date of application for visa or admission to the U.S., AND the maximum penalty possible for the crime did not exceed imprisonment for one year, AND if convicted the alien was not sentenced to a term of imprisonment in excess of 6 months.
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Source: U.S. Department of State
