VISA - refusal | Reasons: Ineligibilities - Immigration Law

비자거절, 입국거부 등 사유 - 이민법 위반 (불법체류/입국 등)

ㅣ비자거절, 입국거부 등 VISA or Entry Refusal

다양한 사유로 미국이민법에 의거하여 미국비자신청이 거절되었거나 미국 입국이나 거주에 어려움이 있으실 경우, 

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Visa Ineligibilities 

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.

Reasons for Visa Denials

INELIGIBILTIES

: Section 212(a) of the Immigration and Nationality Act

(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:

1. Health-related grounds. 
2. Criminal and related grounds. 
3. Security and related grounds. 
4. Public charge.
5. Labor certification and qualifications for certain immigrants.
6. Illegal entrants and immigration violators. 
7. Documentation requirements .
8. Ineligible for citizenship.
9. ALIENS PREVIOUSLY REMOVED. 
10. MISCELLANEOUS.

6. Illegal entrants and immigration violators. 

(A) Immigrants.-

(i) In general.-Except as otherwise specifically provided in this Act, any immigrant at the time of application for admission-

(I) who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by this Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the regulations issued by the Attorney General under section 211(a), or

(II) whose visa has been issued without compliance with the provisions of section 203, is inadmissible.

(ii) Waiver authorized.-For provision authorizing waiver of clause (i), see subsection (k).

(B)Nonimmigrants.-

(i) In general.-Any nonimmigrant who-

(I) is not in possession of a passport valid for a minimum of six months from the date of the expiration of the initial period of the alien's admission or contemplated initial period of stay authorizing the alien to return to the country from which the alien came or to proceed to and enter some other country during such period, or

(II) is not in possession of a valid nonimmigrant visa or border crossing identification card at the time of application for admission, is inadmissible.

(ii) General waiver authorized.-For provision authorizing waiver of clause (i), see subsection (d)(4).

(iii)GUAM AND NORTHERN MARIANA ISLANDS VISA WAIVER- For provision authorizing waiver of clause (i) in the case of visitors to Guam or the Commonwealth of the Northern Mariana Islands, see subsection (l).

(iv) VISA WAIVER PROGRAM.-For authority to waive the requirement of clause (i) under a program, see section 217.

[See. 

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/waivers.html#visa]