[Code of Federal Regulations]
[Title 22, Volume 1, Parts 1 to 299]
[Revised as of April 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR41.121]

[Page 204]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 41--VISAS: DOCUMENTATION OF NONIMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED--Table of Contents
 
                   Subpart L--Refusals and Revocations
 
Sec. 41.121  Refusal of individual visas.


    (a) Grounds for refusal. Nonimmigrant visa refusals must be based on 
legal grounds, that is, one or more provisions of INA 212(a) or (e), INA 
214(b), INA 221(g), or INA 222(g). Certain classes of nonimmigrant 
aliens are exempted from specific provisions of INA 212(a) under INA 
102, and, upon a basis of reciprocity, under INA 212(d)(8). When a visa 
application has been properly completed and executed in accordance with 
the provisions of INA and the implementing regulations, the consular 
officer must either issue or refuse the visa.
    (b) Refusal procedure. If a consular officer knows or has reason to 
believe that an alien is ineligible to receive a visa on grounds of 
ineligibility which cannot be overcome by the presentation of additional 
evidence, the officer shall refuse the visa and, if practicable, shall 
require a nonimmigrant visa application to be executed before the 
refusal is recorded. In the case of a visa refusal the consular officer 
shall inform the applicant of the provision of law or regulations upon 
which the refusal is based. If the alien fails to execute a visa 
application after being informed by the consular officer of a ground of 
ineligibility to receive a nonimmigrant visa, the visa shall be 
considered refused. The officer shall then insert the pertinent data on 
the visa application, noting the reasons for the refusal, and the 
application form shall be filed in the consular office. Upon refusing a 
nonimmigrant visa, the consular officer shall retain the original or a 
copy of each document upon which the refusal was based as well as each 
document indicating a possible ground of ineligibility and may return 
all other supporting documents supplied by the applicant.
    (c) Review of refusal at consular office. If the ground(s) of 
ineligibility upon which the visa was refused cannot be overcome by the 
presentation of additional evidence, the principal consular officer, or 
a specifically designated alternate, shall review the case without 
delay, record the review decision, and sign and date the prescribed 
form. If the ground(s) of ineligibility may be overcome by the 
presentation of additional evidence, and the applicant has indicated the 
intention to submit such evidence, a review of the refusal may be 
deferred for not more than 120 days. If the principal consular officer 
or alternate does not concur in the refusal, that officer shall either
    (1) Refer the case to the Department for an advisory opinion, or
    (2) Assume responsibility for the case by reversing the refusal.
    (d) Review of refusal by Department. The Department may request a 
consular officer in a specific case or in specified classes of cases to 
submit a report if a visa has been refused. The Department will review 
each report and may furnish an advisory opinion to the consular officer 
for assistance in considering the case further. If the officer believes 
that action contrary to an advisory opinion should be taken, the case 
shall be resubmitted to the Department with an explanation of the 
proposed action. Rulings of the Department concerning an interpretation 
of law, as distinguished from an application of the law to the facts, 
shall be binding upon consular officers.

[52 FR 42597, Nov. 5, 1987, as amended at 56 FR 30428, July 2, 1991; 63 
FR 671, Jan. 7, 1998]