For any admission by visa into the United States, there are set requirements an individual must meet before entrance is accepted. These requirements are established by the Immigration and Nationality Act (INA).
When an individual applies for a visa, the U.S. embassy or consulate determines that applicant’s eligibility for entrance or visa under all US laws. Applicants who are found to be qualified will receive a visa after all necessary processing has been completed. However, if you do not meet the requirements or are found not to be eligible for a visa, you can be inadmissible.
Typically, an individual can be found to be inadmissible for a visa if they have been convicted of a crime or admitted to committing or being involved in a crime. Individuals who will not qualify for a visa may have committed or have been convicted for one or more of the following:
Visa applicants must also be in good health when hoping to enter the United States. If an applicant shows a history of contagious diseases or health-related issues, it may impact their eligibility. Health issues may include:
If you have committed a crime or have a health condition that deems you ineligible for a visa, the lawyers at Scott D. Pollock & Associates, P.C. can assist you throughout the process.
If the consulate finds that an applicant is inadmissible, the applicant will be notified verbally and in writing of the reason for the denial. Aside from ineligibility, it is possible your visa could be denied if you do not provide the consulate with the required documentation. If your visa is denied due to lack of proper documentation or past criminal history, you can apply for a waiver of inadmissibility.
If you are not admissible into the United States but would like temporary permission to enter in advance, you will likely need to submit Form I-192 or Form I-601. Your form will be submitted for permission to enter as a nonimmigrant with the U.S. Customs and Border Protection well in advance of the date you wish to travel to the country.
The INA has developed the Visa Waiver Program (VWP), which allows applicants who have been denied visas to apply for a waiver of their inadmissibility. Those who wish to apply under the VWP must submit their application to a U.S. Embassy or Consulate. The VWP allows most citizens of participating countries to travel to the U.S. for tourism or business for 90 days or less. Travelers must meet all requirements for the VWP before traveling to the country.
At Scott D. Pollock & Associates, P.C., we provide individuals, families, and employers the legal representation they need to navigate the process of obtaining nonimmigrant visas. Our attorneys have over seven decades of combined experience in U.S. immigration law. We’ve guided numerous clients through the complicated process of Visa Waivers in the U.S. Contact a member of our team today at 312.444.1940.