Immigrant Visas

Immigrant Visa Ineligibilities

United States immigration laws, in order to protect the country's health, welfare and security, prohibit the issuance of an immigrant visa to certain applicants.

Examples of applicants who must be refused visas are those who:

• Have a communicable disease such as tuberculosis, HIV, or syphilis;
• Have a dangerous physical or mental disorder associated with harmful behavior, or are drug addicts;
• Have committed serious criminal acts, including crimes involving moral turpitude, drug trafficking, and prostitution or procuring;
• Are terrorists, subversives, members of a totalitarian party or former Nazi war criminals;
• Are likely to become public charges of the United States;
• Have used fraud or other illegal means to enter the United States; or
• Former exchange visitors subject to 212(e) who have not lived in their home country for two (2) years, and physicians who intend to practice medicine, but have not passed a qualifying exam before receiving immigrant visas.

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.

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 evidence will be carefully examined. It should be understood that willful misrepresentation of a material fact in connection with a visa application may result in a permanent ban to enter the United States, or deportation if already admitted into the United States.

Last updated: 08/12/2005