Ask the Consul
Can I get a waiver for my ineligibility?
Receiving a nonimmigrant visa is
a privilege, not a right. In order to protect the health, welfare, and security
of the United States, certain applicants are not eligible for the issuance of a
visa. For example, applicants must be refused visas when they have a
communicable disease, have committed serious criminal acts, are terrorists, or
have used illegal means to enter the U.S. Those individuals with an
ineligibility under section 212(a) of the Immigration and Nationality Act (INA)
are usually permanently ineligible to enter the United States. Permanent does
mean permanent. There is no provision in U.S. law for the discontinuation of
these ineligibilities.
Although individuals with ineligibilities are sometimes able to apply for
waivers in order to receive a nonimmigrant visa, the granting of a waiver is not
automatic. If the consular officer determines that the nonimmigrant visa
applicant has overcome the presumption of immigrant intent under section 214(b)
of the INA, the consular officer at his or her discretion may recommend a waiver
be granted by the U.S. Department of Homeland Security (DHS). Waivers are
recommended on a case-by-case basis only when the individual is entitled to seek
waiver relief and the granting of the waiver is not contrary to U.S. interests. |
