9 FAM 300
Eligibility and Ineligibility to receive a visa
9 FAM 301
Eligibility Overview
9 FAM 301.1
Issuance and Refusals of Visas Based on Law
(CT:VISA-1893; 01-22-2024)
(Office of Origin: CA/VO)
9 FAM 301.1-1 Statutory and Regulatory Authorities
9 FAM 301.1-1(A) Immigration and Nationality Act
(CT:VISA-1034; 03-31-2020)
INA 101(a)(15) (8 U.S.C. 1101); INA 201 (8 U.S.C. 1151); INA 203 (8 U.S.C. 1153); INA 212 (8 U.S.C. 1182); INA 221 (8 U.S.C. 1201); INA 222 (8 U.S.C. 1202).
9 FAM 301.1-1(B) Code of Federal Regulations
(CT:VISA-1034; 03-31-2020)
22 CFR 40.6; 22 CFR 40.9.
9 FAM 301.1-2 Adjudication Decisions Based on Law, Regulations
(CT:VISA-1893; 01-22-2024)
You may approve a visa for an immigrant and nonimmigrant applicant who demonstrate that they qualify for the visa classification sought and who are not subject to a law that would make them ineligible for a visa.
(1) Legal Basis for Issuance, Refusal: In accordance with INA 221(a)(1), you may issue a visa to an immigrant or nonimmigrant who has made proper application based on INA 222. However, in accordance with INA 221(g), no visa or other documentation may be issued to an applicant if:
(a) It appears to you, from statements in the application, or in the papers submitted therewith, that such applicant is ineligible to receive a visa or such other documentation under INA 212, or any other provision of law;
(b) The application fails to comply with the provisions of the INA, or the regulations issued thereunder; or
(c) You know or have reason to believe that such applicant is ineligible to receive a visa or such other documentation under INA 212, or any other provision of law.
(2) Issuing a Visa: Eligibility for a visa is based on three legal and regulatory criteria – if all three of the criteria below are met, an applicant is likely eligible for a visa:
(a) Classification: The applicant demonstrates that they fall within a visa classification as established in INA 101(a)(15) for nonimmigrants and INA 201 or INA 203 for immigrants. (See 9 FAM 402 for more information on nonimmigrant visas; and 9 FAM 502 for more information on immigrant visas);
(b) Documentary and Processing Requirements: The applicant provides a complete visa application and completes all required steps in the application process. See 9 FAM 403 for information on nonimmigrant visa applications and processing and 9 FAM 504 for information on immigrant visa applications and processing;
(c) Ineligibilities: The applicant demonstrates that they are not subject to any legal provision which would make them ineligible for a visa and therefore inadmissible into the United States. See 9 FAM 301.4 on grounds of refusal, the Ineligibilities or Grounds of Refusals Applicability and Waivers chart for an overview of grounds of ineligibility/refusal and possible waivers and 9 FAM 302 for information on specific ineligibilities.
(3) Refusing a Visa: A visa can be refused only upon a ground specifically set out in law or implementing regulations. You are required to decide based upon facts or circumstances that would lead a reasonable person to conclude that the applicant is ineligible to receive a visa as provided in the INA and as implemented by the regulations. See 22 CFR 40.6, Basis for Refusal. See 9 FAM 302 for information on specific ineligibilities, 9 FAM 403.10 on NIV refusals, and 9 FAM 504.11 on IV refusals.
(4) Familiarity with Visa Laws and Regulations: You must carefully review 9 FAM provisions, and related statutory and regulatory citations when adjudicating visa applications. See 9 FAM 101.1, 9 FAM 102.1, and 9 FAM 103.1 for an overview of 9 FAM and its relationship to laws and regulations, as well as resources to support 9 FAM users.