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-874; 06-26-2019)
(Office of Origin: CA/VO/L/R)
9 FAM 301.1-1 Statutory and
Regulatory Authorities
9 FAM 301.1-1(A) Immigration
and Nationality Act
(CT:VISA-1; 11-18-2015)
INA 101(a)(15) and (27) (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 214(b) (8 U.S.C.
1184(b)); INA 221 (8 U.S.C. 1201); INA 222 (8 U.S.C. 1202).
9 FAM 301.1-1(B) Code of
Federal Regulations
(CT:VISA-1; 11-18-2015)
22 CFR Part 40; 22 CFR 40.6; 22 CFR 40.9.
9 FAM 301.1-2 Adjudication
Decisions Based on Law, Regulations
(CT:VISA-874; 06-26-2019)
Consular officers may approve visas for immigrants and
non-immigrants who demonstrate that they qualify for visa classification 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), a consular officer 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 alien if:
(a) It appears to the consular officer, from statements
in the application, or in the papers submitted therewith, that such alien 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) The consular officer knows or has reason to believe
that such alien is ineligible to receive a visa or such other documentation
under section 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 would generally be considered
eligible for a visa:
(a) Classification: The
applicant successfully demonstrates that they fall within a visa classification
as established in INA 101(a)(15) for nonimmigrants and INA 201 or 203 for
immigrants. (See 9 FAM 301.3
for more information on eligibility for classification. Information on
specific classifications is in 9 FAM 402.1
(nonimmigrant classifications) and 9 FAM 502.1
(immigrant classifications); see also 9 FAM 504.2
on the role of immigrant visa petitions in establishing eligibility for IV
classification);
(b) Documentary and Processing
Requirements: The applicant provides a complete visa application and
completes all required steps in the application process. (See 9 FAM 403.1
for information on nonimmigrant visa applications and processing, and 9 FAM 504.1
for information on immigrant visa applications and processing);
(c) Ineligibilities: The
applicant successfully 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, 9 FAM 302.1
for information on specific ineligibilities, and 9 FAM 301.5
on obtaining information on ineligibilities.
(3) Refusing a Visa: A visa
can be refused only upon a ground specifically set out in law or implementing
regulations. The visa adjudicator is required to make a determination 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 9 FAM 301.4
for general information on grounds for refusal, and 9 FAM 302.1
for information on specific ineligibilities. See also 9 FAM 403.10
on NIV refusals and 9 FAM 504.11
on IV refusals.
(4) Familiarity with Visa Laws and
Regulations: Consular officers 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.