8/10/2019 Immigration and Nationality Act
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lneliolb iI,:6 ard
Waivers: Laws
Ineiigibilities
and
Waivers:
Laws
Oveni ew
Ihe
lmml rarion and Nntr.nality
Act
(INA)
esrab lshes
lhe ryres ol v
sas
6vail:b
e
f.r
t.avet t the Lrnlred States
ar:a
.;hr'
.onnl.ons must
be met b3fore an
ap:li.ant
car
be
ss .i
.
arric Lar
lype ci s..
the
stliirtc.s h
ch
mike
a
visa
arpt .a.t
nelrqible
for
a
visai
called vlsa lne tqrbtlr
es, E.e
tu id nlhelNAi
anrj
oth.r
imnl,rrat
on
l.ws.
ate riLA.lso. it.r.5,f.rist...;
lor
ce.t-in l:eligible ppllc.nts
to aa,p
y
LrvE
eers.a
the
r
i.eii ibiltly.
alare.
;r
visa
appllcanr ?tplies ior. visa,
a
co.s
ar.il..r al
a U.S. ernbass.r fi consulare
n{ s de the
Lln
ted
Sr.t.r nete.n
..s
dhether
th.
appl cani
r
q alined,
ufde.
all .pp icab e Ll.S.
l
rs,
trr
rt.evc
the
pa.ticuler
,]tre
rirpt;ed ior,
Apri;c..ts ioui.l
nuaiaied
lre is$ued
visas after ail iecessary
processl
rs
.0mp
eled, Howevr., when
the ccfisriar office. dete.mrn.r
rh.r
ih.
rrpllcanl
s
ineligible
tr,crve
a sa,
he
vls:
- pl:..iion
s
denied. The
dppti.arr
siniormedverba
yij.Ctnriaint.tth.
reasor
i.r
inlal based on the appli.able
sectionlsl
oJ
l. 1.
iev
ew Visa Denials
lcf
ansvlers to
q estions
abor:
i:a
denlals, inel
griri
iiy, dtscussioi
oi selerat rntigibi tt), examp
.s,
rver.om
n
isa ineliqrbi
ty,
r.?pplyrng for
a
visn,
.nd
traivers of iieigibitlay,
Below are
lhe sert cns of the INA for
.
Visa
Ineli9ibilitaes
.
Waivers
of
Ineligibility
Addit
onally, to vret the INA
in tsentiretybytdc,chapter,andsectiln,aswellasotherimmqralion-reLatdl6ws,qototheir. 1.
Cillzenshlp and tmmlqratiof
Seruices
(USciS)
website.
Visa
lneligibilities
Se.ai.'n 2i40,)
ofth
lrnmiEration and
NatidrdityALt
S.r:tion 221(g)
ofthe
Inrmig:nrion
mdN.tir,rliR .{ct
S.dion 2e(a) ofthe
lnlig.atioh
ed
N{iodrlitr A.t
G)
Heallh-rclat.d
srounds.
-
(A)
In
qeieral.
aiy
a|e.
-
(i)whosdeternrned(inac.o-n:nc.lvith.egllationsprescribedb./theSs..::.yofHealtlr.ncFiumanServ.es)io
llle a comrinni.ablc
d sease cr
p 51i.
hea th
si niij.arrc;
{i )
ercept as
provlded
in subprr rleh
(c),
seers
-dmLss
on as an immi rant, .r //ho serns adl s.n..r or stat s to
rlie
slat s
of an
a
en
lawfullf
.lIr:t.d
Js
permaieil
residence, and who h.s l.il.d to
prsrt
i.. ment.t on ol
i-ving recerved vaccinatlon
a eln5 n..ine-prevantab e diseases, which slril
ifclrde
at least
the
a.low n9 dlseases:
mrnps,
measl.s,
rubelln,
p.lo,
tetar s ard
diphthera toxoids,
pei. $s,
rnl nza type ts anc nepatitls B,
and.ny
o:ir.r
v.cclnnl
.ns aqainst v.ccine-preventable
d
sease rec.mnended
by theAdvsory Clmmlrtee for lmmunizaiion
P.aCr ces,
(i
i) who
s detern ned
(in
....rdance
wit:r
.eg l.ilcns
prescr
bed by
ihe se..eta.y ol ilealih
anC
H man
services in
.cnsLrllalior
,rith
lhe Attn.rey G.neral)
(I)to
trave
a
phys
cal
cr
1era:l
C
sordi
ar'rd b.lavior
asso.iated
wilr
the disorder tirat mny
pcse,
o.
iras
p.sed,
a ihrai .c aie
propea ,
saie.y
or
' efare
of
lhe
a ien or others, or
(11)
lo
fele
had
a
physlca
or flrenta dlscrn.f
a.d .
hrstory of
beh.vi.i
ss4.lated
witr
i:r: Cisorder,
wh ch
behavicr
ir.s
posed
a
lhreal to lhe
..operly,
r;ielf,
or welfare oltic
-licn
or others anC
*llch
L'ehav or
is
llely
lrtlr//travel.slate.gov/ctrten visas/ehslish/qehsal,ri
re
is
bir
ti6.1rtmi
1'l
8/10/2019 Immigration and Nationality Act
2/5
lnellgibll li6 and Wa vers Laws
to
rec .
or
io
lead
to.rrr.r
harniul befavior, or
ii,
vrho s deiern
ned an a..o'Ca... lillr rcqulalions
prescibed
b./ th.5e.rctarl/ ol HeaLiir .r
rl T .
5.rlc.r) ..
t:. d. g
ablser cr
adil.l,
s lnadn
sslb.
'.1r.r,:- .-ii..:i.d.-Frr
Ficv
ilon aulhor 2rn9 \ra
ve
ol certarn clauses ol sdbpara -r.f
ai),
se. . bsect on
(gl.
: :--ja
i
'i::1
|1r'lLi,l:U ATION aEqUIRal,lEl,ll
FCa
ADaPTED CIiILDREN 10
YEARs CF ACE OR YOI.TNCER. C
3 .
r iot.o op , ito...,
.
I .:.':
;; aq. or
yolnqer,
s c::.-ibed n
se.t
on 10r(b)i1)(rt,
ara
,:sseEkL.ganir.mqrentvsaasar
fim.d.i
rzl:ta_. under sect oi
20l(b), li,p.:.r.nlh.:nmc
8/10/2019 Immigration and Nationality Act
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t_ i
-ri20t4
:t21(g)
221l.9)
Iiectiot
::t{g} o, ah. :'1*itretion and
Xrtionality
Act
Il
is
often the
case
when an applicant
for
a
visa
is
told
that
a
final decision
cannot
Lre made
on his
visa application immediately. in
doing
so,
the mnsular
officer
invokessection
221(9) of the Immig ration and Nationality Act
and
inforrns
the
pplicant
that the
case
will be
put
on hold until the
applicant's
eligibility for the
visa
can
[re
determined.
This
processing
"time-out"
is taken frequentlyi approximately
more
than
1,100,000
visa applications were subjected
to 221(g) during 2012.
lechnically,
221(g)is considered a defial; in subsequent visa applications and
registration
in
the Eledronic
System
for
Travel
Authorization, this must
be disclosed.
I\Jeveftheless,
the overwhelming majority of
221(g) denials
are overcome and
visas
i: s ed-
l-here
are, in essence,
two
types
of
221(9) casesl
1.
Washington-related
"administrative
processing",
in
which a
clearance
or
approval is required
from an
interested
agenry or
agencies in
Washington, D.C.
2.
Post-related, in which
the
consular offrcer requirs
addltionaltime, information,
or
doo-rmentation before making
a finalvisa
decision,
Clearances
from Washington
are required when
the
applicant
presents
issues
of
security,
criminality,
legal
questions,
technology exports from the US, other
admissibility
problems,
[rr
is
from
a country of
concern. The
question
of a security
"hit"
can
arise
in
a
variety
[,f
situations,
such as
potential
terrorists,
individuals
who
previously
worked
as
military
a)r
other
attach6s in
the
US
for
an unfriendly country,
even
ifthat work took
place
decades before,
or
even individuals who spent
time
in ceftain
countries
(e.9.,
Iran).
l
o
resolve
these
issues,
a Security Advisory
Opinion
is needed. Often the
"hits"
arise
hecause
the
applicant has
a common
name:
other
individuals
with the
same
name
are
L,lacklisted,
causing
cases
of
mistaken
identity
or
prolonged
delays.
Suspeded
criminal
;divity
or
ties
(e,9.,
Russian mafia) can
also
lead
to
prolonged
processing
to allow
for
;n
investigation.
In addition,
consular
officers
refer
some
legal issues,
such as certain
rnaterial misrepresentations
made in
a
visa application,
to Washington for
a legal advisory
c)pinion. The
application
will
be
held in
abeyance
until
receiving
guidance
from the
Visa
Office Advisory
Opinion
section.
l\ widely
applicable
phenomenon
has been
administrative
processing
for
applicants,
Lrsually scientists,
researchers,
and
businessmen,
who
may
be
exposed to technologies
in
the
United States which fall
under
the Technology
Alert
List.
The
LJS
does
not want
sensitive technologies
to full into the wrong
hands,
In
such
cases, the
applicant
is
requested
to
provide
an
English-lan uage
resume, list
of
publicatlons,
and description
crfthe
proposed
work
to be
done
in
the US, which is
forwarded to
Washington.
rtt.:/v saretusa.com/221
g/
8/10/2019 Immigration and Nationality Act
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,11912014
221|s)
Individuals
who
hail
from
certain
countries,
such
as
Iran,
Syria, Sudan,
must
be cleared
by
Washington,
Quite
often,
these
clearances
are
a
formality
and
simply a
question
of
time
to run
through
the
interagency
gamut.
However,
for
certain
types
of
clearances,
the
visa
validity
period
may be
limited.
Post-related
issues
can also
be
broad
in
scope. They
may include
investiqations
or
verifications
in
the
home
muntry
ofthe
applicant
or
requests
for
information
or documentation
relating
to
the
qualifications of
the
applicant
for
a
visa. A
mnsular
officer
may
seek
to investigate
or
veritr/
issues
such
as:
.
the
legitjmacy
of a marriage (e.g.,
send
an
investiqator
to the
home
ofthe
couple
applying
for
a
visa);
.
employment
of an
applicant
(e.9.,
ca
ing
an
appticant
company
to
veritr/
that
he
does
work there);
.
tax
filings
or information
(e.9.,
i:onflrming
with
the tax
inspectorate
the tax
number
of
an
entrepreneur);
.
pension
fund
payments;
authenticity
of
an
education
document (e.9.,
sendingan
inquiry
to the Ministry
of
Education
or a
school
or
university
to confirm
that
such
a diploma
was issued);
.
intentions
or
existence
of
a sponsor
(e.g.,
calling
the
United
States
to
speak
to the
signatory
ofan
affidavit
of
support);
.
or
authenticity
of
a
statutory
document,
such
as
a marriage,
bifth, or
dlvorce
certificate.
Additional
document
requests
may includei
.
a police
certificate
from
a
country
in
which
the
applicant llved after
the
age
of
16;
.
certified
copies
of couft
dispositions (arrests,
convictions);
confirmation
of
the
date
of
a
past
departure
from the
US
(e.g.
visa
overstay);
.
employer
tax documentation;
additional
affidavit
of support
(e.g,,
consular
officer
does
not
believe
that
the submitted
affidavit
of support
suffices);
.
job
offer
(e.9.,
a
Lottery
winner);
flnancial
documents (e.g.,
if
the
applicant
\^/ill
undergo
medical
treatment
in
the
U.S,);
.
and
additional information
about thejob
to be
performed
in
the
United
States
or
the
employer.
Siometimes,
the
jnitiation
or outcome
ofthese
investigations
can
be
erroneous.
For
example,
a
consular officer
may mistakenly
believe
that
an applicant
has a background
in
a technology
that
is
on
the
Technology
AIeft
List;
a
consular
investigator
may
visit the
wrong
office address;
a
secretary
who
picks
up the
phone
at the
applicant,s
place
of employment
may
tell
the
consular
caller
that no such
person
works
there
when
in
fact
the
applicant
does
work there;
a consular
officer may
be
attempting
to re-adjudicate
a
previously-approved
employment
petition
by
re uiring
additionaldocumentation
or
sending
it
back
to
USCIS.
]'his
is why
it
is
necessary
to
be
proactive
in
dealing
with
a 221(9)
decision
by
a
consular
officer. Applicants
should
cooperate
with
reasonable
consular
requests,
but
also
seek
htt.:/visareical.coT/221 g/
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1M91?A14
221(9)
to aggEssively
challenge
questionable
requests, overreaching
demands, and
protracted
delays in
processing.
Ifyour
application
is
pending
under Section 221(9),
please
coniact us
to discuss
your
situation,
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