US Visa Waivers of Ineligibility
In what circumstances are foreign nationals ineligible for a US visa?
Some of the most common grounds upon which foreign nationals are ineligible for a US visa include health related grounds ( i.e. being infected with a communicable disease deemed by the US government to be of "public health significance", including HIV/AIDs or having a mental or physical disorder which is deemed a threat to public safety) and having been unlawfully present in the US (as a result of overstaying a visa or entering unlawfully) for any period of time. Other reasons foreign nationals may be ineligible for a US visa include committing or being convicted of certain criminal offenses including prostitution, trafficking, drug offenses or terrorist activities.
In what circumstances are US visa applicants eligible for a waiver of ineligibility?
In the event that a US visa applicant is ineligible for a visa, they may be granted a waiver of ineligibility for humanitarian purposes, family unity or in the promotion of public interest. In many circumstances, fiancees, spouses, children and parents of US citizens or permanent residents applying for a family based immigration visa qualify under the family unity provision.
Where should I submit an application for a waiver?
Waivers of ineligibility should be submitted to the US Embassy or Consulate which denied the visa application.
Can a waiver application be submitted with a visa application if the visa applicant knows that the visa will be denied?
No, in general, US visa applicants must wait for the visa to be denied before applying for a waiver of ineligibility.