Immigrant Visas: Issues Affecting Eligibility

The immigration laws of the United States, in order to protect the health, welfare and security of the United States, prohibit the issuance of a visa to certain applicants. Examples of applicants who must be refused visas are:

  • Persons with certain communicable diseases of public health significance, such as tuberculosis;
  • Persons with a dangerous physical or mental disorder;
  • Persons who are drug addicts;
  • Persons who have committed serious criminal acts, including crimes involving moral turpitude, drug trafficking, and prostitution or procuring;
  • Terrorists, subversives, members of a totalitarian party and former Nazi war criminals;
  • Persons who are likely to become public charges in the United States;
  • Those who have used fraud or other illegal means to enter the United States or help others enter the United States; or
  • Those who are ineligible for citizenship.

If any of the foregoing restrictions might apply, then a statement regarding the facts should be submitted to the consular officer. The consular officer will then advise the applicant if the law provides for some form of relief, such as a waiver of ineligibility.

NOTE: Applicants are required to swear or affirm to the truth and accuracy of a visa application at the time of formal application and to submit certain documentary evidence to establish eligibility for the visa. These statements and the documents will be carefully examined. It should be understood that willful misrepresentation of a material fact or other fraud in connection with the visa application may result in a permanent bar to entry into the United States, or deportation if admitted into the United States.

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Last modified: March 30, 2017