Under US immigration law, a waiver of ineligibility is a request to have a visa despite having been determined to be ineligible to get one in a previous application attempt. During application for a visa, consular officials in the beneficiary’s country usually go through the details of the application, and also interview the beneficiary. If it is found that they are not eligible for the visa they applied for, the visa request will be denied. This information is provided to the applicant both verbally and in writing, and the reason why the application was denied is also clearly stated.
This does not necessarily represent the end of the road for an applicant. In many cases, they can apply for a waiver of ineligibility, where the element that made them ineligible for a visa is reviewed, and they can then get the visa. In many cases, this usually means applying for a different type of visa other than the initial one.
When an individual is eligible to apply for a waiver of ineligibility, they will be informed of this by the consular officials. They will also be given detailed information regarding how to go about in the filing for the waiver. It is important for the individual to understand the legal issues surrounding visa application and denial, as well as those surrounding the reason for denial in their case.
With this information and the detailed information from the consular official, they can then apply for the waiver and may get a visa in a different class.