Immigrant Visa FAQs
Government expectations
Although the U.S. government allows immigration under several green card categories, the majority of permanent residents are sponsored by a relative or a prospective employer. But immigrating to the U.S. is a complicated matter. Whether an employer has a job waiting for you, your spouse is a U.S. citizen, or you can prove you are a refugee, there are other factors that influence whether you are admissible (eligible) or not.
Who decides if I'm admissible or inadmissible?
Various agencies handle immigration applications and decide eligibility. These agencies include the:
- U.S. State Department
- Department of Homeland Security (DHS)
- Customs and Border Protection (CBP)
- United States Citizenship and Immigration Services (USCIS)
What happened to the INS?
The Immigration and Naturalization Service (INS) has been restructured. Most immigration issues are now handled by the U.S. Citizenship and Immigration Services (USCIS).
Why would I be denied?
The U.S. government is charged with protecting its citizens before all others. Because of this, anyone considered a threat to the health, security, property or welfare of its citizens may be denied entry. They can refuse a visa if you have:
- A communicable disease that may endanger public health (for example, tuberculosis or HIV)
- Insufficient proof that you've been vaccinated against preventable diseases such as mumps, measles, rubella, polio, tetanus, diphtherias and hepatitis B
- Physical, mental or behavioral disorders that might pose a threat to property, safety or welfare of others
- A criminal record for "moral turpitude" (immoral behavior)
- Multiple criminal convictions
- No marketable skills that may lead to welfare dependency
The government will also refuse to issue a visa if they think you are a:
- Drug user or addict
- Drug trafficker, or have profited from drug trafficking
- Prostitute
- Spy, terrorist or Nazi
While there are exceptions to some of these restrictions, each case must be examined individually.
What happens if I'm inadmissible?
If you're inadmissible you will be:
- Denied any kind of visa
- Refused admission at the border
- Deported if found inside the U.S.
Will I be inadmissible forever?
Not necessarily. Being inadmissible now doesn't automatically mean you'll be banned from entering the U.S. permanently. In some cases, you can regain your admissible status. The most common ways of becoming admissible again are:
- Cure your physical or mental illness: If you were inadmissible because of physical or mental illness, this can be overturned if you are cured by the time officials decide upon your visa application or green card.
- Prove the government made a mistake: With so much red tape, sometimes the U.S. government mistakenly denies people who are eligible for a visa or a green card. Don't just assume their decision is correct. If you feel strongly that the government has made a mistake, speak to an immigration lawyer.
- Prove information submitted by others is wrong: If the medical examination results are wrong, a report from other doctors who re-tested you can change your status to admissible.
- Apply for a waiver: Even if there is no doubt you fall into an inadmissible category, sometimes immigration authorities make an exception. For example, sometimes they will issue a visa for a person with HIV. This is a complex process - speak to an immigration lawyer if you think you have a strong case.
