Visas: Reasons for Ineligibility

Certain classes of foreign nationals are ineligible for U.S. visas, such as those who pose a security threat or who have certain health issues that may endanger the public. U.S. Consulate officers in foreign countries typically determine whether a visa applicant is part of an ineligible class, as well as officials of the U.S. Citizenship and Immigration Services (USCIS) upon arrival at a port-of-entry (such as an airport). While this list is not exhaustive, the following classes of foreigners (or aliens) are ineligible for visas or admission into the country.

For a more detailed explanation of visa ineligibility, see Classes of Aliens Ineligible to Receive Visas at the U.S. Dept. of State's Website.

Health-Related

Any foreign alien...

• determined to have a communicable disease that poses a public health risk, as defined by the Secretary of Health and Human Services, including HIV/AIDS.
• seeking admission as an immigrant of seeking to adjust status for permanent residence who fails to prove he or she has received vaccination against certain diseases, including: mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B and hepatitis B (See Advisory Committee for Immunization Practices Recommendations for more details).
• determined to have a disorder (physical or mental) that poses, or has posed, a threat to the safety, welfare or property of others.
• determined to be an addict or abuser of illicit drugs.

Criminal

Any foreign alien...

• convicted of most crimes other than a purely political offense, or who admits to having committed a crime, unless the visa applicant committed the crime when he or she was under 18 years of age and more than five years prior to the date of the visa application (and the maximum penalty for the crime was less than six months of prison).
• convicted of violating a controlled substances law.
• convicted of two or more offenses for which the total penalty was a prison term of five years or more.
• suspected of being a drug trafficker.
• involved in prostitution or who was engaged in prostitution with 10 years of the visa application.
• who asserts immunity from prosecution but is involved in serious criminal activity.
• involved in, or benefiting from, human trafficking.
• involved in money laundering activities.

Security

Any foreign alien...

• believed to be entering the U.S. to participate in anti-government activity, such as espionage, sabotage or efforts to overthrow the government.
• who is engaged in, or associated with, a foreign terrorist group.
• whose entry into the U.S. would have negative foreign policy consequences for the country.
• affiliated with the Communist party or a totalitarian organization.
• who participated in Nazi activities leading to persecutions or genocide between March 23, 1933 and May 8, 1945.

Public Charge

Any foreign alien who is likely to become a public charge upon entry to the U.S., requiring government assistance with housing, meals, etc. This determination is made by the consular officer at the time of the visa application or based on an opinion of the Attorney General.

Labor-Related

Any foreign alien seeking to perform skilled or unskilled labor upon arrival to the U.S., unless certain determinations regarding the impact on domestic workers are made by the Secretary of Labor. Several exceptions apply, including teachers and those with exceptional ability in the sciences or arts.

Prior Removal or Violation of Immigration Laws

Certain aliens who were once removed from the U.S., unlawfully present in the country or who are in violation of U.S. immigration law.

Waiver of Ineligibility

Certain aliens who otherwise are deemed ineligible for a visa may still obtain a visa (a waiver of ineligibility) under provisions of the Immigration and Nationality Act.