(i) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to have a communicable disease of public health significance (g) No visa or other documentation shall be issued to an alien if (1) it appears to the consular officer, from statements in the application, or in the papers submitted therewith, that such alien is ineligible to receive a visa or such other documentation under section 212, or any other provision of law, (2) the application fails to comply with the provisions of this Act, or the regulations issued thereunder, or (3) the consular officer knows or has reason to believe that such alien is ineligible to receive a visa or such other documentation under section 212, or any other provision of law: Provided, That a visa or other documentation may be issued to an alien who is within the purview of section 212(a)(4), if such alien is otherwise entitled to receive a visa or other documentation, upon receipt of notice by the consular officer from the Attorney General of the giving of a bond or undertaking providing indemnity as in the case of aliens admitted under section 213: Provided further, That a visa may be issued to an alien defined in section 101(a)(15)(B) or (F), if such alien is otherwise entitled to receive a visa, upon receipt of a notice by the consular officer from the Attorney General of the giving of a bond with sufficient surety in such sum and containing such conditions as the consular officer shall prescribe, to insure that at the expiration of the time for which such alien has been admitted by the Attorney General, as provided in section 214(a), or upon failure to maintain the status under which he was admitted, or to maintain any status subsequently acquired under section 248 of the Act, such alien will depart from the United States. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act, or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 247(b). (b) Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), and other than a nonimmigrant described in any provision of section 101(a)(15)(H)(i) except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 101(a)(15). Citizenship and Immigration Services (USCIS) website. Review Visa Denials for answers to questions about visa denials, ineligibility, discussion of several ineligibility examples, overcoming visa ineligibility, reapplying for a visa, and waivers of ineligibility.Īdditionally, to view the INA in its entirety by title, chapter, and section, as well as other immigration-related laws, go to the U.S. The applicant is informed verbally and in writing of the reason for denial based on the applicable section(s) of law. However, when the consular officer determines that the applicant is ineligible to receive a visa, the visa application is denied. Applicants found qualified are issued visas after all necessary processing is completed. laws, to receive the particular visa applied for. embassy or consulate outside the United States determines whether the applicant is qualified, under all applicable U.S. When a visa applicant applies for a visa, a consular officer at a U.S. The INA also contains provisions for certain ineligible applicants to apply for waivers of their ineligibility. The situations which make a visa applicant ineligible for a visa, called visa ineligibilities, are found in the INA, and other immigration laws. The Immigration and Nationality Act (INA) establishes the types of visas available for travel to the United States and what conditions must be met before an applicant can be issued a particular type of visa.
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