Qualifications Check Preventing Issues
Some of the issues that can make a person ineligible for immigration into the U.S. are:
- Health problems, e.g. a communicable/contagious disease or a mental disease.
- Immigration violations, e.g. an overstay or an unlawful presence in the past.
- A criminal past, e.g. two or more criminal convictions, or a conviction for a crime involving ‘moral turpitude’, drugs related offenses.
- If you are currently or were recently in the U.S. on a J-1 Visa with 2-year Home Residency Rule, also known as the 2-year Home Country Physical Presence Requirement, and are unable to obtain a waiver from your country of origin.
For more detailed information go to
travel.state.gov and search Ineligibilities.
Some Preventing Issues can be remedied with a Waiver Letter from USCIS.
If a this document is needed consult an immigration lawyer.
You must bring the Waiver with you to the Consular Visa Interview.
For most criminal acts, especially drugs related, a Waiver is hard to get.
It can take several months before this Letter is issued. Often extensive documentation must be submitted with the Waiver Request.
To request this document Form I-601 Application for Waiver of Grounds of Inadmissibility/Excludability, must be filed. The non-refundable filing fee is $930.
For Form I-601 and instructions go to the USCIS website.
For Selected Entrants already living in the U.S.:
For Status Adjustment a copy of the Waiver must be included with the I-485 Application. The original Waiver Letter must be presented during the AOS Visa Interview.