VISA - refusal | Reasons: Ineligibilities -Health
비자거절, 입국거부 등 사유 - 건강문제
ㅣ비자거절, 입국거부 등 VISA or Entry Refusal
다양한 사유로 미국이민법에 의거하여 미국비자신청이 거절되었거나 미국 입국이나 거주에 어려움이 있으실 경우,
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The Immigration and Nationality Act (INA) establishes the types of visas available for travel to the United States and what conditions must be met before an applicant can be issued a particular type of visa. The situations which make a visa applicant ineligible for a visa, called visa ineligibilities, are found in the INA, and other immigration laws. The INA also contains provisions for certain ineligible applicants to apply for waivers of their ineligibility.
When a visa applicant applies for a visa, a consular officer at a U.S. embassy or consulate outside the United States determines whether the applicant is qualified, under all applicable U.S. laws, to receive the particular visa applied for. Applicants found qualified are issued visas after all necessary processing is completed. However, when the consular officer determines that the applicant is ineligible to receive a visa, the visa application is denied. The applicant is informed verbally and in writing of the reason for denial based on the applicable section(s) of law.
Reasons for Visa Denials
: Section 212(a) of the Immigration and Nationality Act
(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:
- Health-related grounds.
- Criminal and related grounds.
- Security and related grounds.
- Public charge.
- Labor certification and qualifications for certain immigrants.
- Illegal entrants and immigration violators.
- Documentation requirements .
- Ineligible for citizenship.
- ALIENS PREVIOUSLY REMOVED.
1. Health-related grounds.
(A) In general. Any alien -
(i) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to have a communicable disease of public health significance;
(ii) except as provided in subparagraph (C), seeks admission as an immigrant, or who seeks adjustment of status to the status of an alien lawfully admitted for permanent residence, and who has failed to present documentation of having received vaccination against vaccine-preventable diseases, which shall include at least the following diseases: mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B and hepatitis B, and any other vaccinations against vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices,
(iii) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services in consultation with the Attorney General)-
(I) to have a physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others, or
(II) to have had a physical or mental disorder and a history of behavior associated with the disorder, which behavior has posed a threat to the property, safety, or welfare of the alien or others and which behavior is likely to recur or to lead to other harmful behavior, or
(iv) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to be a drug abuser or addict, is inadmissible.
(B) Waiver authorized.-For provision authorizing waiver of certain clauses of subparagraph (A), see subsection (g).
(C) EXCEPTION FROM IMMUNIZATION REQUIREMENT FOR ADOPTED CHILDREN 10 YEARS OF AGE OR YOUNGER. -- Clause (ii) of subparagraph (A) shall not apply to a child who --
(i) is 10 years of age or younger,
(ii) is described in section 101(b)(1)(F), and
(iii) is seeking an immigrant visa as an immediate relative under section 201(b), if, prior to the admission of the child, an adoptive parent or prospective adoptive parent of the child, who has sponsored the child for admission as an immediate relative, has executed an affidavit stating that the parent is aware of the provisions of subparagraph (A)(ii) and will ensure that, within 30 days of the child's admission, or at the earliest time that is medically appropriate, the child will receive the vaccinations identified in such subparagraph.