Aliens Who Are Ineligible to Receive Visas

Certain foreign nationals are not eligible to receive a visa to the United States.  U.S. immigration law has defined certain classes of aliens who are ineligible for visas.  These laws are designed to protect the health, welfare and security of the United States.

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

• have a communicable disease such as tuberculosis;
• have a dangerous physical or mental disorder;
• are drug addicts;
• have committed serious criminal acts, including crimes involving moral turpitude, drug trafficking, and prostitution or procuring a prostitute;
• are terrorists, subversives, members of a totalitarian party, or former Nazi war criminals;
• are likely to require government benefits (become a “public charge”) in the United States; or,
• have used fraud or other illegal means to enter the United States.

Certain former J-1 exchange visitors must live abroad for two years before they are eligible for a visa.  This requirement may be waived through a J-1 Waiver.  Physicians who intend to practice medicine must pass a qualifying exam before receiving immigrant visas.

If any of these restrictions might apply to you, you should provide a statement regarding the facts to the consular officer when applying for a visa. The consular officer will then advise you if the law provides for some form of relief such as a waiver of ineligibility.

For a description of the immigration laws regarding foreign nationals who are ineligible for a visa, please see the U.S. State Department website at http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html.