The Immigration and Nationality Act (INA) establishes the types of visas available for travel to the United States and what conditions must be met before an applicant can be issued a particular type of visa. The situations which make a visa applicant ineligible for a visa, called visa ineligibilities, are found in the INA, and other immigration laws. The INA also contains provisions for certain ineligible applicants to apply for waivers of their ineligibility.
When a visa applicant applies for a visa, a consular officer at a U.S. embassy or consulate outside the United States determines whether the applicant is qualified, under all applicable U.S. laws, to receive the particular visa applied for. Applicants found qualified are issued visas after all necessary processing is completed. However, when the consular officer determines that the applicant is ineligible to receive a visa, the visa application is denied. The applicant is informed verbally and in writing of the reason for denial based on the applicable section(s) of law.
Review Visa Denials for answers to questions about visa denials, ineligibility, discussion of several ineligibility examples, overcoming visa ineligibility, reapplying for a visa, and waivers of ineligibility.
Below are the sections of the INA for:
Visa Ineligibilities
Waivers of Ineligibility
Additionally, to view the INA in its entirety by title, chapter, and section, as well as other immigration-related laws, go to the U.S. Citizenship and Immigration Services (USCIS) website.