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Factors that Can Make a Person Ineligible for a Visa

Posted on in Immigration

Aurora immigration attorney visa denialIf you are a United States citizen or lawful permanent resident (LPR), there are ways that you can bring your spouse, fiancé, or other family members into the U.S. to live with you if they are a citizen of another country. Unfortunately, not all who apply for visas receive them. While there is not a limit on the number of visas issued to spouses of U.S. citizens, only a certain number of other types of visas are issued each year to allow people to enter, live, and work in the United States. In addition to restrictions on the number of visas issued, certain situations can disqualify your family member from obtaining a visa.

Health-Related Situations

The United States has specific requirements for people wishing to enter the country. Health-related issues usually revolve around sustaining the health of the public. Those applying for visas must have been vaccinated against:

  • Mumps;
  • Measles;
  • Rubella;
  • Polio;
  • Tetanus;
  • Diphtheria;
  • Pertussis;
  • Influenza type B; and 
  • Hepatitis B.

The U.S. also does not allow those who have a mental disorder and associated behavior that poses a threat to the property, safety, or welfare of the person or others, or those who are determined to be drug abusers or addicts.

Criminal Situations

Convictions of certain crimes can prevent a person from gaining a visa. Crimes involving moral turpitude, which is conduct that goes against public values and is thought of as being inherently vile or depraved, or an attempt or conspiracy to commit the crime, disqualifies those seeking to get a visa. These crimes include:

  • Drug trafficking;
  • Prostitution;
  • Human trafficking, including sex trafficking;
  • Murder;
  • Manslaughter;
  • Sex crimes;
  • Spousal abuse;
  • Child abuse; and
  • Aggravated assault.

Security-Related Situations

In general, individuals who seek to enter the U.S. to engage in espionage or sabotage of American goods, technology, or sensitive information are not allowed to enter the country. If there is reasonable ground to believe that a person has engaged in or is likely to engage in a terrorist activity, they will be denied a visa. In addition, a person who is a representative of a terrorist organization or a political, social, or other group that endorses terrorist activity is not allowed into the country. Terrorist activities are activities that are unlawful in the place they were committed and involve:

  • Hijacking or sabotaging any vehicles, vessels, or aircrafts;
  • Seizing or detaining a person and threatening to harm them to coerce another person or entity into doing something;
  • Violent attacks upon an internationally protected person;
  • An assassination;
  • The use of a biological, chemical, or nuclear weapon, or an explosive, firearm, or other weapon to endanger the safety of one or more people; or
  • A threat, attempt, or conspiracy to do any of the listed things.

Contact a Lombard Immigration Lawyer

If you have a spouse who was deemed inadmissible to the United States, you know the emotional distress that this denial can cause. An experienced Carol Stream immigration attorney can help you fight for your right to help your spouse immigrate to the United States. The lawyers at Khan Nayyar & Associates, LLC understand the complexities of the visa application process and can help you through every step of the way. To arrange a consultation, call 630-529-9377.

Sources:

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/waivers.html#visa

American Immigration Lawyers Association Chicago Bar Association National Employment Lawyers Association Illinois State Bar Association
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