The Visa Code | Refusals and Inadmissibilities

1. Refusals

Most Common visa refusals:

Visa refusals under Section 214(b) of The Immigration and Nationality Act

A U.S. visa refusal under section 214(b) of the Immigration and Nationality Act (INA) indicates that the applicant failed to demonstrate strong ties to their home country or a valid intent to return after a temporary stay in the U.S. This section primarily applies to nonimmigrant visa applicants, suggesting the consular officer was not convinced that the applicant's purpose of travel met the visa's requirements or that they intended to return after their visit.

Visa refusals under Section 221(g) of The Immigration and Nationality Act
A U.S. visa refusal under section 221(g) of the Immigration and Nationality Act (INA) occurs when the consular officer is unable to issue a visa immediately due to missing documentation or the need for additional administrative processing. Unlike a 214(b) refusal, 221(g) is temporary, and the case remains open until the required documents are submitted or the administrative process is completed.
The applicant is typically given a notice outlining what additional information or documents are needed to move forward with the visa application.
There may be instances where INA 221(g) could be final refusal and in those instances, especially in petition based visas, the petition may be returned or sent back to the USCIS for a possible revocation by the consular officer.

Visa refusals under Section 212 (a) (4) of The Immigration and Nationality Act
A U.S. visa refusal based on concerns about becoming a "public charge" (burden on public funds) occurs when a consular officer determines that the applicant is likely to rely on U.S. government assistance after entering the country. Under section 212(a)(4) of the Immigration and Nationality Act (INA), a visa can be denied if the applicant does not have sufficient financial resources, employment prospects, or family support to ensure they won't need public benefits like Medicaid, food stamps, or housing assistance.

2. Inadmissibilities

There are several grounds of inadmissibility that can prevent a foreign national from entering the U.S. or receiving a visa. These inadmissibilities are outlined in the Immigration and Nationality Act (INA) Section 212(a) and include a variety of legal, medical, security, and financial reasons. Some of these grounds that may be waived, but only under very specific circumstances.

The most common inadmissibilities include the following (this list is not exhaustive)

At The Visa Code we evaluate visa applicants who have prior arrests for driving under the influence of alcohol or substance (DUI / DWI / OWI / OUI) and advice on the impact of these arrests on visa applications. We have assisted many such applicants return to the U.S. after successful visa issuance.

Immigration Violations:

Overstaying a Visa / Unlawful Presence: Individuals who have overstayed a visa in the U.S. may be barred from re-entry for three to ten years, depending on the length of the overstay. Accumulating unlawful presence in the U.S. (more than 180 days or one year) can result in a ban from re-entry for three or ten years.
Previous Deportation or Removal: Individuals who have been deported or removed from the U.S. are generally inadmissible for a certain period unless they obtain special permission to return.
Fraud or Misrepresentation: Providing false information on a visa application or during an immigration process results in inadmissibility.

Criminal Grounds:

Crimes Involving Moral Turpitude (CIMT): Conviction of a crime involving moral turpitude (e.g., fraud, theft, violence) can result in inadmissibility.
Controlled Substance Violations: Any involvement in the illicit trafficking or use of controlled substances, including drug-related offenses, can lead to a visa denial.
Multiple Criminal Convictions: Individuals with multiple criminal convictions, especially those resulting in sentences of five years or more, are inadmissible.
Prostitution and Commercialized Vice: Those engaged in or benefitting from prostitution or vice-related activities are barred from entering the U.S.

Human Trafficking and Related Offenses:

Individuals involved in human trafficking or those who have knowingly benefited from trafficking are inadmissible, along with their family members. Engaging in the smuggling of other individuals into the U.S. leads to inadmissibility on the grounds of Alien Smuggling.

Health-Related Grounds:

Communicable Diseases: Individuals with certain contagious diseases, such as tuberculosis, are inadmissible.
Vaccination Requirements: Failure to show proof of required vaccinations can result in inadmissibility.
Mental or Physical Disorders: Those with a mental or physical disorder that poses a threat to themselves or others may be deemed inadmissible.
Drug Addiction or Abuse: Individuals who have a history of drug addiction or abuse can be denied entry.

Public Charge Grounds:

Likelihood of Becoming a Public Charge: Individuals who are deemed likely to become dependent on government assistance or welfare programs may be inadmissible. This is based on factors like income, health, age, and education.

Technology Transfer Grounds:

INA § 212(a)(3)(A) outlines grounds of inadmissibility for individuals who are deemed to pose threats to U.S. national security, including concerns related to espionage, sabotage, or technology transfer that could negatively impact national defense or foreign policy.
Specifically, this section can render individuals inadmissible if:
They are believed to be seeking entry to engage in activities related to espionage or sabotage (including illegal technology transfers).
They could influence the export of sensitive goods, services, or technologies in violation of U.S. laws, including export control regulations like ITAR (International Traffic in Arms Regulations) and EAR (Export Administration Regulations).
National Security Concerns
Visa applicants flagged for possible involvement in unauthorized technology transfer could also face inadmissibility under broader national security and foreign policy concerns in INA § 212(a)(3)(C), which deals with applicants whose entry may have serious adverse effects on U.S. interests.
By advising clients on compliance with these laws, U.S. immigration law firms help navigate the complex intersection of immigration and national security regulations under the INA and U.S. export control laws.

Understanding the specific grounds of inadmissibility and the potential for a waiver is critical in assessing an individual’s ability to enter or remain in the U.S. and we are full equipped to advice all facets of this at The Visa Code. The attorneys have extensive experience in preparation of paperwork for requesting a waiver of inadmissibilities.