Immigrant Visa Ineligibilities

United States immigration laws, in order to protect the health, welfare and security of the American people, prohibit the issuance of an immigrant visa to certain applicants. Examples of applicants who must be refused immigrant visas include but are not limited to:

• Those with communicable diseases of public health significance;
• Those with a dangerous physical or mental disorder or drug addiction;
• Those who have committed serious criminal acts, including crimes involving moral turpitude, drug trafficking, and prostitution;
• Terrorists, subversives, members of a totalitarian party or former Nazi war criminals;
• Those likely to become public charges of the United States;
• Those who have used fraud or misrepresentation to seek entry the United States;
• Those ineligible for citizenship;
• Certain former exchange visitors obligated to return to their country of habitual residence for two years;
• Physicians who intend to practice medicine but who have not passed a qualifying exam;

Those who have been unlawfully present in the United States for a certain period of time

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

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