9 FAM 301.5
(U) Obtaining Ineligibility-Related Information
(CT:VISA-1340; 08-11-2021)
(Office of Origin: CA/VO)
9 FAM 301.5-1 (U) Statutory and Regulatory Authorities
9 FAM 301.5-1(A) (U) Immigration and Nationality Act
(CT:VISA-66; 02-26-2016)
(U) INA 212 (8 U.S.C. 1182); INA 214(b) (8 U.S.C. 1184(b)); INA 221 (8 U.S.C. 1201); INA 222 (8 U.S.C. 1202).
9 FAM 301.5-1(B) (U) Code of Federal Regulations
(CT:VISA-66; 02-26-2016)
(U) 22 CFR 40; 22 CFR 41.101; 22 CFR 42.61-81.
9 fam 301.5-2 (U) Discovering Visa Ineligibilities
(CT:VISA-1340; 08-11-2021)
a. (U) Methods: You will usually learn about ineligibilities in one of three ways:
(1) (U) From applicants, through the application form and supporting documents (see paragraph b) or during the interview (see paragraph c) below;
(2) (U) From U.S. government sources, including other agencies (see paragraph d below) or posts (see paragraph e below); or
(3) (U) From third parties (see paragraph f below).
b. (U) Ineligibilities Based on Information Contained in Application Forms and Supporting Documents: Applicants may reveal grounds for ineligibility when filling out the visa application form, either in response to direct questions about potential ineligibilities, or in responses to other questions (for example, responses to questions about previous visits indicating long periods of time in the United States). Particularly for immigrant visas, many supporting documents like medical examination forms, affidavits of support, and military, police, and prison records provide ineligibility-related information. For both immigrant and nonimmigrant visas, applicants’ passports or travel documents may also raise questions leading to an ineligibility finding (for example, entry and exit stamps indicating time spent in the United States or travel to a country or region which may require a clearance request). See 9 FAM 403.2 on NIV applications and 9 FAM 504.4 on IV applications and supporting documents.
c. (U) Ineligibilities Revealed During Interview: You must seek information about possible ineligibilities during the interview and clarify any ambiguities to determine whether an ineligibility applies. It is important to correctly document interview questions and responses when a possible ineligibility is present. See 9 FAM 403.5 for information on NIV interviews and 9 FAM 504.7 on IV interviews.
d. Unavailable
e. (U) Posts’ Ineligibility Information: You must review case notes and other information sources at post for any indication that post has information that would indicate that an applicant is ineligible for a visa. You must also consult with other posts on applicants’ ineligibility when required by Country Reciprocity tables or because of INA 212(a), L, or P CLASS entries made by other posts. See 9 FAM 303.4 for additional information on post-based reviews and clearances.
f. (U) Third-Party Ineligibility Information: In some cases, host country law enforcement or other officials may provide information that may become the basis for a finding of ineligibility. Sometimes, ineligibility-related information may be noted in public sources like newspapers or local magazines. You may also receive information from other non-official sources that may become the basis for refusing a visa; without knowledge of the motivations or circumstances surrounding provision of such information, it is important to carefully evaluate all allegations of misconduct or bad intentions. No final ineligibility finding can be made without an application and interview from the individual involved. See 9 FAM 303.3-4(B) for information on CLASS entries related to potentially ineligible individuals.
g. (U) Waivers, Overcomes: The sources of ineligibility-related information may be the same sources for information related to whether a waiver or overcome of an ineligibility or ground for refusal is appropriate. See 9 FAM 305.1 and 9 FAM 306.2 for additional information on waivers and overcomes.