Under federal law, certain groups of foreign nationals are ineligible for U.S. visas. For example, a foreign national who's deemed a security threat or who has medical issues that pose a danger to public health will be denied entry into the U.S.
The screening process has two parts. First, a U.S. Consulate officer in the applicant's home country determines whether the applicant is eligible for a visa. Second, U.S. Citizenship and Immigration Services (USCIS) officers conduct a screening upon the applicant's arrival to the U.S. This article provides an overview of reasons for U.S. visa ineligibility.
A foreign national is ineligible for a U.S. visa if he or she:
A foreign national is ineligible for a U.S. visa if he or she has been:
A foreign national is ineligible for a U.S. visa if the USCIS reasonably believes the national to be:
A visa applicant who is likely to become a public charge, meaning that he or she is likely to become dependent on government assistance upon entry into the U.S., may be ineligible for a visa.
Prior Removal or Violation of Immigration Laws
Foreign nationals who have previously violated immigration laws, such as by entering the U.S. illegally or by falsifying information in a previous visa application, are ineligible for visas. There are exceptions, however, such as for battered women and children who petition to stay in the U.S. despite having expired visas.
Waiver of Ineligibility
Certain aliens who are otherwise ineligible for a visa may be able to obtain a waiver of ineligibility. The U.S. Attorney General has discretion whether to grant a waiver to a visa applicant.
Getting Legal Help
There are many legal issues and exceptions that affect visa eligibility. For example, if a family member of a visa applicant has laundered money, whether the applicant knew, or should have known, about the laundering will affect his or her eligibility. Also, waivers of ineligibility are granted on a case-by-case basis, and whether an applicant obtains a waiver depends on the facts involved and on how the applicant is able to present his or her case.
If you have questions about visa ineligibility, it's important that you consult with an experienced immigration lawyer.
Contact a qualified immigration attorney to help you with visa procedures.