Individuals and their situations are evaluated on a case by case basis by the consular officer and USCIS official handing the cases. It is best to seek the advice of a trained legal professional in this area for the likelihood of receiving a waiver in these and other situations. Some waivers require a very high standard of evidence. A waiver petition should be treated as a court pleading with references to the Immigration and Nationality Act and appropriate case law as necessary.
Of course, denials based on various other grounds need to meet different standards for waiver applications. For more information please see:
|
Immigrant and Nonimmigrant Visa Ineligibilities
(by Grounds for Refusal Under the Immigration and Nationality Act)
Fiscal Year 2008 |
|
|
|
Immigrant |
Nonimmigrant |
|
Grounds for Refusal Under the Immigration and Nationality Act |
Ineligibility Finding |
Ineligibility Overcome |
Ineligibility Finding |
Ineligibility Overcome |
34 |
212(a)(6)(E) |
Smugglers |
1,104 |
86 |
1,963 |
507 |
35 |
212(a)(6)(F) |
Subject of civil penalty (under INA 274C) |
0 |
1 |
0 |
0 |
36 |
212(a)(6)(G) |
Student visa abusers |
1 |
0 |
14 |
3 |
37 |
212(a)(7)(B) |
Documentation requirement for nonimmigrants |
- |
- |
22 |
12 |
38 |
212(a)(8)(A) |
Immigrant permanently ineligible for citizenship (IV only) |
0 |
0 |
- |
- |
39 |
212(a)(8)(B) |
Draft evader |
0 |
0 |
6 |
7 |
40 |
212(a)(9)(A)(i) |
Ordered removed upon arrival |
1,340 |
220 |
494 |
110 |
41 |
212(a)(9)(A)(i) |
Ordered removed upon arrival - multiple removals |
73 |
7 |
45 |
7 |
42 |
212(a)(9)(A)(i) |
Ordered removed upon arrival - convicted aggravated felony |
22 |
0 |
20 |
7 |
43 |
212(a)(9)(A)(ii) |
Ordered removed or departed while removal order outstanding |
934 |
247 |
481 |
223 |
44 |
212(a)(9)(A)(ii) |
Ordered removed or departed while removal order outstanding multiple removals |
165 |
34 |
89 |
16 |
45 |
212(a)(9)(A)(ii) |
Ordered removed or departed while removal order outstanding convicted aggravated felony |
68 |
1 |
66 |
6 |
46 |
212(a)(9)(B)(i)(I) |
Unlawfully present 181-364 days (within 3 years) |
503 |
333 |
1,509 |
133 |
47 |
212(a)(9)(B)(i)(II) |
Unlawfully present 365 or more days (within 10 years) |
30,566 |
16,589 |
7,849 |
784 |
48 |
212(a)(9)(C) |
Unlawfully present after previous immigration violations |
4,267 |
0 |
1,189 |
55 |
49 |
212(a)(10)(A) |
Practicing polygamist |
23 |
5 |
0 |
0 |
50 |
212(a)(10)(C)(1) |
International child abductor |
0 |
0 |
0 |
0 |
51 |
212(a)(10)(C)(2) |
Aliens supporting abductors and relatives of abductors |
0 |
0 |
0 |
0 |
52 |
212(a)(10)(D) |
Unlawful voter |
1 |
0 |
1 |
0 |
53 |
212(a)(10)(E) |
Former U.S. citizen who renounced citizenship to avoid taxation |
0 |
0 |
0 |
0 |
54 |
212(e) |
Certain former exchange visitors |
11 |
7 |
20 |
8 |
55 |
212(f) |
Presidential proclamation |
0 |
0 |
373 |
11 |
56 |
214(b) |
Failure to establish entitlement to nonimmigrant status |
- |
- |
1,481,471 |
19,837 |
57 |
221(g) |
Application does not comply with provisions of INA or regulations issued pursuant thereto |
257,177 |
169,334 |
589,418 |
510,549 |
58 |
222(g)(2) |
Alien in illegal status, required to apply for new NIV in country of alien's nationality |
- |
- |
144 |
20 |
59 |
Sec.103 Pub. Law 105-227 |
Disclosure/trafficking of confidential U.S. business information |
0 |
0 |
0 |
0 |
60 |
Sec. 401 Pub. Law 104-114 |
Helms-Burton refusal |
0 |
0 |
0 |
0 |
61 |
Sec. 402 Pub. Law 104-114 |
Conversion of confiscated U.S. property for gain |
0 |
0 |
0 |
0 |
62 |
Sec. 306 Pub. Law 107-173 |
Inadmissible alien from a country that is a state sponsor of terrorism |
0 |
0 |
65 |
5 |
|
|
|
|
|
|
|
|
|
Total Grounds of Ineligibility: |
334,268 |
194,648 |
2,106,894 |
541,070 |
|
|
Number of Applications:1 |
291,792 |
184,457 |
2,083,726 |
538,129 |
|
|
|
|
|
|
|
|
The figures at the end of this table show totals of applications refused and refusals overcome. The total of applications refused does not necessarily reflect the number of persons refused during the year. One applicant can apply and be found ineligible more than one time in a fiscal year. |
