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  1. #1
    Join Date
    Jan 2009
    Posts
    1

    Default Husband's Visa Denied

    Today my husband had his interview and was denied, but giving option for waiver.

    can someone please help me with this denial code they gave him?

    Your Visa has been denied under section 212(a) (1) (A) (3) of the immigration and Nationality Act. A waiver of the applicable ineligibility is __x_ is not____ available. The final authority to grant or deny a waiver rests with the Department of Homeland security. As a result to this ineligibility, you cannot travel to the United States on the visa waiver program at any time.


    He is in the UK I am a USC in Mi

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Husband's Visa Denied

    You can read INA 212 here. That provision is "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. ... In general. - Any alien ..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,....
    is inadmissible"

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