In certain circumstances, individuals who have been found ineligible for an immigrant visa under the Immigration and Nationality Act (INA) may be eligible to apply for a waiver of the ineligibility. At the time of the immigrant visa interview, the consular officer will make a determination as to whether an applicant is waiver eligible. If the consular officer finds an applicant ineligible for a visa, but eligible to apply for a waiver, the officer will give the applicant a refusal worksheet with instructions on how to apply for the waiver.


Immigration law says that certain conditions and actions prevent a person from entering the United States. These conditions and activities are called ineligibilities, and the applicant is ineligible for (cannot get) a visa. Examples are: overstaying your visa, selling drugs, active tuberculosis, being a terrorist, using fraud to get a visa, etc. Your period of ineligibility may be temporary or permanent depending on your situation.

All emergency or temporary passports presented for application to the United States under the Visa Waiver Program (VWP), including transit through the United States, must be electronic passports (e-Passports).  An  e-Passport contains an integrated chip that stores biographic data, a digitized photograph, and other information about the bearer, and is distinguished by a gold-colored symbol on the passport’s front cover.  The French temporary passport  is not an e-Passport.

VWP applicants arriving in the United States with a non-compliant passport may be required to undergo further processing and/or denied admission.  U.S. Customs and Border Protection (CBP) may exercise discretion at the ports of entry in cases of medical or other emergency travel.