9 FAM 301.5
(U) Obtaining Ineligibility-Related Information
(CT:VISA-880; 06-28-2019)
(Office of Origin: CA/VO/L/R)
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-880; 06-28-2019)
a. (U) Methods: Consular
officers 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: Consular officers 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: Consular officers 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. Consular officers
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. Consular officers 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. Note that 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: Note
that 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.