Inadmissible under the visa waiver program




















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.

III is a spouse other than the spouse who is the parent of the abducted child , child other than the abducted child , parent, sibling, or agent of an alien described in clause i , if such person has been designated by the Secretary of State at the Secretary's sole and unreviewable discretion, is inadmissible until the child described in clause i is surrendered to the person granted custody by the order described in that clause, and such person and child are permitted to return to the United States or such person's place of residence.

I to a government official of the United States who is acting within the scope of his or her official duties;. II to a government official of any foreign government if the official has been designated by the Secretary of State at the Secretary's sole and unreviewable discretion; or.

E Former citizens who renounced citizenship to avoid taxation. If you are ineligible for a visa based on one or more of the laws listed in Section a of the Immigration and Nationality Act, you may be able to apply for a waiver. The visa category that you are applying for will determine whether a waiver of ineligibility is available. The consular officer interviewing you will tell you if you may apply for a waiver and will provide detailed instructions for how to apply.

Waivers of Ineligibility are contained in the following sections of law in the Immigration and Nationality Act:. The Attorney General, in the Attorney General's discretion, may waive the application of subsection a other than paragraph 3 E in the case of a nonimmigrant described in section a 15 S , if the Attorney General considers it to be in the national interest to do so.

Nothing in this section shall be regarded as prohibiting the Immigration Service from instituting removal proceedings against an alien admitted as a nonimmigrant under section a 15 S for conduct committed after th e alien's admission into the United States, or for conduct or a condition that was not disclosed to the Attorney General prior to the alien's admission as a nonimmigrant under section a 15 S.

The Attorney General shall prescribe conditions, including exaction of such bonds as may be necessary, to control and regulate the admission and return of inadmissible aliens applying for temporary admission under this paragraph. Such a determination shall neither prejudice the ability of the United States Government to commence criminal or civil proceedings involving a beneficiary of such a determination or any other person, nor create any substantive or procedural right or benefit for a beneficiary of such a determination or any other person.

Notwithstanding any other provision of law statutory or nonstatutory , including section of title 28, or any other habeas corpus provision, and sections and of such title, no court shall have jurisdiction to review such a determination or revocation except in a proceeding for review of a final order of removal pursuant to section of this title, and review shall be limited to the extent provided in section a 2 D.

The Secretary of State may not exercise the discretion provided in this clause with respect to an alien at any time during which the alien is the subject of pending removal proceedings under section a of this title.

Within one week of applying clause i to a group, the Secretary of State or the Secretary of Homeland Security shall provide a report to such Committees. A on the basis of unforeseen emergency in individual cases, or. B on the basis of reciprocity with respect to nationals of foreign contiguous territory or of adjacent islands and residents thereof having a common nationality with such nationals, or. C in the case of aliens proceeding in immediate and continuous transit through the United States under contracts authorized in section c.

B The Attorney General may not parole into the United States an alien who is a refugee unless the Attorney General determines that compelling reasons in the public interest with respect to that particular alien require that the alien be paroled into the United States rather than be admitted as a refugee under section Any alien described in this paragraph, who is denied admission to the United States, shall be immediately removed in the manner provided by section c of this Act.

A in the case of an alien lawfully admitted for permanent residence who temporarily proceeded abroad voluntarily and not under an order of deportation or removal and who is otherwise admissible to the United States as a returning resident under section b , and.

B in the case of an alien seeking admission or adjustment of status under section b 2 A or under section a , if no previous civil money penalty was imposed against the alien under section C and the offense was committed solely to assist, aid, or support the alien's spouse or child and not another individual.

No court shall have jurisdiction to review a decision of the Attorney General to grant or deny a waiver under this paragraph. B In addition to any other waiver that may be available under this section, in the case of a nonimmigrant described in section a 15 T , if the Secretary of Homeland Security considers it to be in the national interest to do so, the Secretary of Homeland Security, in the Secretary of Homeland Security's discretion, may waive the application of The Secretary of Homeland Security, in the Secretary of Homeland Security's discretion, may waive the application of subsection a other than paragraph 3 E in the case of a nonimmigrant described in section a 15 U , if the Secretary of Homeland Security considers it to be in the public or national interest to do so.

A is the spouse or the unmarried son or daughter, or the minor unmarried lawfully adopted child, of a United States citizen, or of an alien lawfully admitted for permanent residence, or of an alien who has been issued an immigrant visa,.

B has a son or daughter who is a United States citizen, or an alien lawfully admitted for permanent residence, or an alien who has been issued an immigrant visa; in accordance with such terms, conditions, and controls, if any, including the giving of bond, as the Attorney General, in the discretion of the Attorney General after consultation with the Secretary of Health and Human Services, may by regulation prescribe; or. A who receives vaccination against the vaccine-preventable disease or diseases for which the alien has failed to present documentation of previous vaccination,.

B for whom a civil surgeon, medical officer, or panel physician as those terms are defined by section C under such circumstances as the Attorney General provides by regulation, with respect to whom the requirement of such a vaccination would be contrary to the alien's religious beliefs or moral convictions; or. B in the case of an immigrant who is the spouse, parent, son, or daughter of a citizen of the United States or an alien lawfully admitted for permanent residence if it is established to the satisfaction of the Attorney General that the alien's denial of admission would result in extreme hardship to the United States citizen or lawfully resident spouse, parent, son, or daughter of such alien; or.

No waiver shall be provided under this subsection in the case of an alien who has been convicted of or who has admitted committing acts that constitute murder or criminal acts involving torture, or an attempt or conspiracy to commit murder or a criminal act involving torture. No waiver shall be granted under this subsection in the case of an alien who has previously been admitted to the United States as an alien lawfully admitted for permanent residence if either since the date of such admission the alien has been convicted of an aggravated felony or the alien has not lawfully resided continuously in the United States for a period of not less than 7 years immediately preceding the date of initiation of proceedings to remove the alien from the United States.

No court shall have jurisdiction to review a decision of the Attorney General to grant or deny a waiver under this subsection.

Embassy or Consulate Straight Fact on U. You are about to leave travel. Department of State. Links to external websites are provided as a convenience and should not be construed as an endorsement by the U. Department of State of the views or products contained therein. If you wish to remain on travel. B-1 or B-2 visa. The following countries currently participate in the VWP. If the Secretary of the Department of Homeland Security, in consultation with the Secretary of State, adds or removes a country from the list, notice of that fact with an effective date of the change is published in the Federal Register.

See 8 CFR What are the passport requirements for travel under the Visa Waiver Program? How do I get more information about the Visa Waiver Program? When must I obtain a visa to travel to the United States?



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