Thread: Classes of Aliens Ineligible to Receive Visas

This is from Findlaw, the source is U.S. state department.

Any of this sound familiar? I can go through the list and find multiple reasons these folks can't get VISAs. I have included Deportation and Dual citizenship at the bottom.

http://immigration.findlaw.com/immigrat ... gible.html
Classes of Aliens Ineligible to Receive Visas
Under the Immigration and Nationality Act, certain classes of foreign citizens (or "aliens") are ineligible for visas, or for admission to the United States. These ineligible classes are discussed below. Typically, the determination whether an individual belongs to an ineligible class is made by a U.S. Consulate officer overseas, or by a U.S. Citizenship and Immigration Services official at a point of entry to the U.S. Keep in mind that this list of ineligible classes is not exhaustive, and there are certain complex exceptions for persons in many of the classes discussed below.

Aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:

Health-Related Grounds

(a) Any alien who is determined to have a communicable disease of public health significance, including infection with acquired immune deficiency syndrome (AIDS),

(b) Any alien who seeks admission as an immigrant (or who seeks adjustment of status to that of lawful permanent resident) and who has failed to present documentation of having received vaccination against certain preventable diseases, including: mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B and hepatitis B. An exception to ineligibility under this class exists for certain adopted children 10 years of age or younger.

(c) Any alien who is determined to have a physical or mental disorder (and associated behavior) that may pose, or has posed, a threat to the property, safety, or welfare of him/herself or others, or is likely to recur or to lead to other harmful behavior

(d) Any alien who is determined to be a drug abuser or addict, is inadmissible.

Criminal and Related Grounds

(a) Any alien convicted of, or who admits having committed, almost any type of crime (other than a purely political offense), EXCEPT if the crime was committed when the alien was under 18, AND was committed (and the alien released from incarceration) more than 5 years before the date of application for visa or admission to the U.S., AND the maximum penalty possible for the crime did not exceed imprisonment for one year, AND if convicted the alien was not sentenced to a term of imprisonment in excess of 6 months.

Classes of Aliens Ineligible to Receive Visas
(b) Any alien who has committed a violation of (or a conspiracy or attempt to violate) any state, federal, or foreign country's law relating to certain controlled substances.

(c) Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single incident, for which the sentence to confinement was 5 years or more.

(d) Any alien who is known to be, or suspected of being, an illicit trafficker in any controlled substance (and certain spouses and children of these individuals, when the family member received financial benefit)

(e) Any alien who is engaged in prostitution, or has been engaged in prostitution within 10 years of the date of application for a visa, admission, or adjustment of status.

(f) Certain aliens involved in serious criminal activity who have asserted immunity from prosecution.

(g) Significant traffickers in persons, or beneficiaries of trafficking.

(h) Aliens engaged in money laundering.

Security and Related Grounds

(a) Any alien believed to be seeking to enter the United States to engage in activity relating to the overthrow of the government, espionage, sabotage, or to violate laws prohibiting the export of certain goods, technology, or sensitive information.

(b) Any alien who has engaged in a terrorist activity, is a representative of a foreign terrorist organization, or other similar group.

(c) An alien whose entry or proposed activities in the United States would have potentially serious adverse foreign policy consequences for the United States.

(d) Any immigrant who is or has been a member of or affiliated with the Communist or any other totalitarian party.

(e) Any alien who participants in nazi persecutions or genocide during the period beginning on March 23, 1933, and ending on May 8, 1945.


Likely to Become "Public Charge"

Any alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General, is likely at any time to become a public charge is inadmissible, considering factors including the applicant's age, health, family status, assets, financial status, education, and skills.

Labor Certification and Qualifications for Certain Immigrants

Any alien who seeks to enter the U.S. to perform skilled or unskilled labor is inadmissible, unless the Secretary of Labor makes certain determinations regarding the impact on U.S. workers and the economy. This ineligibility class is subject to a number of exceptions.

Aliens Previously Removed, and Individuals in Violation of Immigration Laws

Certain aliens who were previously removed from the U.S., certain aliens who are unlawfully present in the U.S., and certain individuals who are in violation of U.S. immigration laws, including documentation requirements.


Waiver of Ineligibility

Aliens who are ineligible for a visa under one of the classes enumerated above may be eligible for a waiver of ineligibility under certain provisions of the Immigration and Nationality Act.

Source: U.S. Department of State

http://immigration.findlaw.com/immigrat ... rview.html
DeportationDeportation (also called "removal") occurs when the federal government formally removes an alien from the United States for violations of a number of immigration or criminal laws, described in more detail below. Once deported, an alien may lose the right to ever return to the United States, even as a visitor.

Removal is a legal proceeding, and an alien who is subject to this procedure has legal rights prior to being removed from the country, including the right to challenge the removal itself on procedural or constitutional grounds. Following is a discussion of the removal process.

Classes of Deportable Aliens

Any alien that is in the United States may be subject to deportation or removal if he or she:

Is an inadmissible alien according to immigration laws in effect at the time of entry to the U.S. or adjustment of nonimmigrant status;
Is present in the U.S. in violation of the Immigration and Nationality Act or any other U.S. law;
Violated nonimmigrant status or a condition of entry into the U.S.;
Terminated a conditional permanent residence;
Encouraged or aided any other alien to enter the U.S. illegally;
Engaged in marriage fraud to gain admission to the U.S.;
Was convicted of certain criminal offenses;
Failed to register or falsified documents relating to entry in to the U.S.;
Engaged in any activity that endangers public safety or creates a risk of national security; or
Engaged in unlawful voting.
Deportation or Removal Process

A Notice to Appear (NTA) is issued by the Bureau of Immigration and Customs Enforcement, served to the alien, and filed with the immigration court. In addition to containing general information about the immigrant (name, country of origin, etc.), the NTA also states the reasons for the deportation or removal.

A hearing is scheduled, at which the immigration judge asks if the alien is ready to proceed with the case, or if he or she needs time to secure an attorney. If the alien needs time to secure an attorney, a hearing is scheduled for a later date.
Once the alien has an attorney, or has elected to proceed without one, the alien will be asked by the immigration judge to verify the contents of the NTA.
If the judge determines that the information in the NTA is correct and that the alien can be deported, the alien is given the opportunity to apply for any form of relief from deportation. If the alien is eligible for a form of relief and decides to apply for it, an individual hearing date is scheduled. If the alien is not eligible, deportation will be ordered.
If an individual hearing is held, the alien will be given the opportunity to give testimony and have witnesses testify on his or her behalf. At the conclusion of the hearing, the immigration judge will either make an oral decision on the matter, or will release a written decision at a later date.
If the alien has been ordered deported, the alien has 30 days from the date of the decision to appeal the decision to the Board of Immigration Appeals (BIA). If the BIA decides against the alien, the alien has the option of appealing to the appropriate U.S. Court of Appeals. The immigration service has the opportunity to appeal an unfavorable individual hearing decision, but may not appeal an unfavorable decision by the BIA. An appellate court decision can be appealed to the U.S. Supreme Court by either the alien or the immigration service.

Dual Citizenship
Dual citizenship means that a person is a citizen of two countries at the same time, having legal rights and obligations in connection with both countries. While dual citizenship gives certain advantages, such as easy residency in multiple countries and access to government programs, dual citizenship can also make life more complicated. The dual citizen may have tax obligations in more than one nation, or may need to fulfill residency requirements between two homelands. Following is a discussion of dual citizenship and related legal issues.

Acquiring Dual Citizenship

A person in the United States may acquire dual citizenship in one of several ways, including:

Being born in the United States to immigrant parents.
Being born outside the United States to one parent who is a U.S. citizen, and another parent who is a citizen of another country.
Becoming a naturalized U.S. citizen while maintaining citizenship in another country.
Regaining citizenship in a country of origin after having become a naturalized U.S. citizen.
If you hold multiple passports, it is important to keep those documents current and to use them appropriately in each country. You should also keep yourself apprised of citizenship requirements, such as tax obligations. If you do not fulfill your duties as a citizen to each country, you may be legally liable for those omissions.

Recognition of Dual Citizenship in the U.S.

The United States does not formally recognize dual citizenship. However, it also does not taken any stand against it, either legally or politically. Typically, no American will forfeit his or her citizenship by undertaking the responsibilities of citizenship in another country. This is true even if the responsibilities include traveling with a foreign passport, voting in another country's election, or running for and/or serving in public office of another country. In most cases, it is unimportant to the United States whether another country also claims you as a citizen.

The loss of U.S. citizenship can only occur if a person's actions demonstrate an intent to give up his or her citizenship. Such actions might include:

Serving in the armed forces of a country which is engaged in hostilities against the United States.
Formally renouncing one's U.S. citizenship in front of a duly authorized U.S. official.
Committing an act of treason against the United States, or attempting or conspiring to overthrow the U.S. government

Many of the people I have seen with Resident cards also have welfare cards, what is with that?

Any alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General, is likely at any time to become a public charge is inadmissible, considering factors including the applicant's age, health, family status, assets, financial status, education, and skills.

If these laws were enforced most illegals that are here would be ineligible for visas even if they applied legally.Yet senate bill 2611 makes no distinction of any kind when it comes to awarding citizenship to illegals. (Except criminals of course and even this exception would rule out any illegal from ever becoming a citizen because of the fact that they are in violation of the law when they step across our border without permission.)