Skip Global Navigation to Main Content
Skip Breadcrumb Navigation
Immigrant Visas

Ineligibility/Waiver

In order to protect the health, welfare, and security of the U.S., certain applicants are not eligible for the issuance of a visa even if they qualify in other ways. There are specific ineligibilities written in US immigration law. For example applicants must be refused visas when they have a communicable disease, or a dangerous physical or mental disorder; have committed serious criminal acts; are terrorists, subversives, members of a totalitarian party, or former Nazi war criminals; or have used illegal means to enter the U.S. Some former exchange visitors must return to their home countries for two years before they are eligible to apply for immigrant visas. Physicians who intend to practice medicine must pass a qualifying exam before receiving immigrant visas.

If you are found to be ineligible, the consular officer will advise you regarding your ineligibilities and whether there is a possibility of obtaining a waiver.

If you can apply for a waiver of ineligibility, the immigrant visa unit will provide you with further information. Your application will be processed by the Citizenship and Immigration Services (CIS) office in Rome, Italy. You will need to complete the form, provide an explanation regarding your ineligibility, and pay a fee.  Once you have completed the applications for waiver of ineligibility, the CIS office will inform you if they need additional information to process your request.  There is a fee to apply for a waiver of ineligibility.

Applicants who have previously been deported or removed at government expenses form the United States must complete Form I-212, Permission to Reapply after Deportation.

Waiver of the J visa Two-Years Foreign.