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IV Ineligibilities
 

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.

Some examples of applicants who must be refused IVs are those who:

  • Have a communicable disease such as tuberculosis, or have a dangerous physical or mental disorder, or are drug addicts;
  • Have committed serious criminal acts, including crimes involving moral turpitude, drug trafficking, and prostitution;
  • Are terrorists, subversives, members of a totalitarian party, or Nazi war criminals;
  • Have a history of violating U.S. immigration laws;
  • Are unlikely to be able to survive in the United States without the financial support of the U.S. government (public charges), or;
  • Have used fraud or other illegal means to enter the United States.


If any of the foregoing restrictions might apply, then a statement regarding the facts should be submitted to the Consular Officer. If the applicant is found ineligible for a visa, he/she will be advised whether or not a waiver of ineligibility is available from the Department of Homeland Security (DHS). In some cases, it can take up to one year for the waiver application to be processed by DHS. Thus, no final travel plans or purchases of nonrefundable travel tickets should be made until a visa has been issued.

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. Willful misrepresentation of a material fact in connection with a visa application will result in a permanent prohibition from entry into the United States, or deportation if already admitted into the United States.

For more information please visit the USCIS web site.