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Factors that Can Make a Person Ineligible for a Visa

Factors that Can Make a Person Ineligible for a Visa

PUBLISHED ON: August 29

If you are an American citizen or a lawful permanent resident, you have options if you want to bring your fiancé, spouse, or other relatives into the United States to live with you if they are a citizen of a foreign country. Unfortunately, not everyone who applies for a visa will receive one. 

Although the law does not place a cap, or limit, on the number of visas issued to spouses of American citizens, other visas do have a cap placed on them. In addition to the limitations placed on the number issued, there are also specific circumstances that can deem your relative ineligible for obtaining a visa. Below, our Chicago immigration lawyer explains what these are.

Health Reasons

The immigration law in the United States outlines specific requirements for people who want to enter the country. Health requirements usually involve protecting the health of the general public. As such, anyone who wants to obtain a visa must be vaccinated against certain health conditions. These include:

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

Immigration law also does not allow people with a mental disorder and associated behavior if they pose a threat to the safety, property, or well-being of the applicant or others. People who have been determined to be addicts or drug abusers are also prohibited from entering the country.

Criminal Convictions

People who have been convicted of certain crimes are also prohibited from obtaining a visa. Crimes involving moral turpitude disqualify a person from obtaining a visa. Crimes involving moral turpitude are those that go against public values and that are thought to be inherently depraved or vile or an attempt or conspiracy to commit a certain crime. Criminal convictions for the following will make someone ineligible to enter the country:

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

Security Reasons

Generally speaking, people who want to enter the county to sabotage American technology, goods, or sensitive information or those who plan to engage in espionage are ineligible to enter the country. People who are thought to be engaged in, or who will try to engage in, terrorist activity are also prohibited from entering the country. Terrorist activities that can deem someone ineligible are as follows:

  • Detaining another individual and threatening harm to force someone else into taking certain actions,
  • Sabotaging or hijacking any vessels, vehicles, or aircraft,
  • Violent attacks on people who are classified as a protected person,
  • Assassinations,
  • The use of chemical, biological, nuclear weapons, firearms, explosives, or another weapon to endanger the safety of one or more people, or
  • An attempt, threat, or conspiracy to commit any of the above acts.

Our Immigration Lawyer in Chicago Can Determine if You are Eligible

At Sverdloff Law Group, our Chicago immigration lawyer can determine if you are eligible for a visa and provide sound legal advice that can help you enter the country. Call us now or contact us online to schedule a consultation and learn more about your legal options.

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