Ineligibility or inadmissibility

We´ve mentioned in previous articles that US authorities can deny with a relative frequency. The main reason for this is that the applicant is ineligible or inadmissible. There are several reasons why the embassy could deny your application.

The most common one is not proving enough economic, family, or social ties to your country of residence. You must bring all the documentation that can help support your case with you. In case they reject your visa application because of that cause, you´ll receive a paper with the number 214 (b).

You should consider the consular officer is not obligated to examine any documentation. He or she can decide without checking a single document. But take the papers, just in case. If they reject your visa application, in some cases, it´s possible to request a waiver, or you can ask for the visa again. We´ll elaborate on this further on.

Be aware of the reasons why

Keep in mind that if you´re going to ask for a permit once more, you should know why they denied your application in the first place. This means you should know what caused the problem precisely. The paper that the consular officer gave to you after he or she denied you application has a number: 214 (b). You can learn about the exact reasons they denied your request there.

The causes that make a person ineligible are very different, but it´s imperative to know what that reason is so you can try to fix it. Ask yourself: have my circumstances changed since the last time I applied for a visa? If not, then the embassy will probably deny your request again. You´ll also lose the application fee, which is nonrefundable.

It all depends on why authorities denied it. Say they denied your claim because you couldn´t prove you had enough economic of family ties in your country of residence. Then a significant change must have occurred if you wish your second attempt to be successful. This is a burden many young people face since many cannot prove they have a family, regular income, mortgage, property, etc. If the cause is ineligibility, then you cannot request a waiver, you can only fix the issue.

Causes for inadmissibility

Before you apply for a visa again, make sure that the embassy you´re applying to establishes a minimum amount of time before reapplications. Some may request you wait at least for four months. The embassy could also deny your request for inadmissibility causes, some of them are:

  • Entering the country illegally; this could have a penalty of 3 to 10 years, deportation or immediate expulsion
  • Using a fraudulent passport, residency card, or visa.
  • Suffering from physical or mental illnesses in such a way that can cause harm to yourself or others.
  • Alcoholism
  • Drug addiction or a conviction for violating any law that regulates illegal drugs, whether in the United States or any other country in the world.
  • Dealing with drugs or participating in that type of crime in any way.
  • Being a spouse or child of a drug trafficker, if you have received money from drug trafficking in the last five years.
  • A conviction for an immoral offense.
  • Two or more crimes with a sentence of five years or more.
  • A conviction for a felony, including domestic violence.
  • Exercising or having practiced prostitution or requesting the services of a prostitute (or, if applicable, the male version).
  • Getting immunity for crime and thus getting out of the country, not to be processed in the US.
  • Carrying out activities that compromise the security of the United States.
  • Committing or conspiring to commit a human trafficking offense. Or being the spouse or child of such person, only if they have benefited from that crime in the last five years.
What to do in case of inadmissibility

For some of these cases, it´s possible to request a waiver, for example, in cases of prostitution, contagious diseases, risk of being a public burden, convictions for immoral crimes or even multiple convictions for felonies.

You must know that the rules are different according to every case. Also, that just because you´re requesting a waiver doesn´t mean that they will approve it. In these cases, you must have the counsel of professionals such as Visa USA Now. Keep in mind that there are causes of inadmissibility for which you can never receive a pardon, such as drug-trafficking, terrorism, or espionage.

You could also lose your visa for one of the following motives:
  • Performing or carrying out espionage work or participating in an attempt to overthrow the United States government.
  • Carrying out any activity that authorities could label as terrorist.
  • Membership in a totalitarian party, in the communist or the Nazi party.
  • Participating or having participated in genocide.
  • Being a public charge or when there´s a high probability of being one in the future.
  • Having engaged in money laundering in any way or attempting to enter the US to develop such criminal activity.
  • Being a doctor or health worker who lacks the proper qualification or certification.
  • To be in the United States already having entered the country illegally crossing the border. Meaning, there was no immigration control at a land office, at a port or an airport. Therefore no immigration officer admitted or granted parole to the foreigner who is now applying for the green card.
  • Failure to appear in court when summoned during a deportation process.
  • Presenting or using a false identification document.
  • Falsely asserting that you are a citizen of the United States.
  • Having reached the US as a runaway.
  • To have violated the conditions of a student visa.
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