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Consular nonreviewability (sometimes written as consular non-reviewability, and also called consular absolutism) refers to the doctrine in immigration law in the United States where the visa decisions made by United States consular officers (Foreign Service Officers working for the United States Department of State) cannot be challenged in the United States judicial system.
The most common impetus for issuing a NOIR is that a consular officer (an employee of the United States Department of State) evaluating the beneficiary's visa application based on an approved petition comes across evidence suggesting that the petition should not have been approved, or is no longer approvable. [1]
This is often prompted by a consular officer returning the petition to the USCIS. Consular officers return petitions to the USCIS if, in the course of deciding a visa application by the beneficiary based on the petition, they come across reason to believe that the petition was based on fraud or misrepresentation.
For people who are not United States Lawful Permanent Residents, withdrawal of application for admission is officially noted on Form I-275, Withdrawal of Application for Admission/Consular Notification. [1] [4] [5] The Form I-275 has two pages. The first page includes the alien's biographical information and the reasons why the application ...
Kerry v. Din, 576 U.S. 86 (2015), was a United States Supreme Court case in which the Court analyzed whether there is a constitutional right to live in the United States with one's spouse and whether procedural due process requires consular officials to give notice of reasons for denying a visa application.
During the interview, the consular officer asked him to remove his clothing and asked about Asencio's tattoos, such as one depicting the Virgin of Guadalupe. [4] Six months later, the government denied Asencio's visa application, saying that he was likely to engage in unlawful activities in the United States, [4] without further explanation as ...
An applicant has an urgent medical or humanitarian travel need and the consular officer has received explicit permission from the Visa Office to accept form DS–156. The applicant is a student exchange visitor who must leave immediately to arrive on time for his/her course and the consular officer has explicit permission from the Visa Office ...
Has been denied a U.S. visa, or been refused admission to the United States at a U.S. port of entry (This includes any past visa denials under INA 221(g), whereby a visa applicant needed to provide more information or a case needed further processing, even if the visa was later approved [33]).