The Immigration and Nationality Act (INA) establishes the conditions that must be met before an applicant can be issued a 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 you apply for a visa, a consular officer will determine whether you are qualified, under all applicable U.S. laws, to receive the particular visa applied for. If you are found qualified, the visa will be issued after all necessary processing is completed. However, if the consular officer determines that you are ineligible to receive a visa based on one or more of the laws listed in Section 212(a) INA, your application will be denied. You will be informed verbally and in writing of the reason for the denial based on the applicable section(s) of law. You will also be advised by the consular officer if you are eligible for a waiver of the ineligibility and provided further information.