The State Department has sent a memorandum to all of its consular posts instructing consular officers to provide denied visa applicants with an explanation of the factual basis for the visa refusal. In all immigrant visa denials and in a substantial percentage of nonimmigrant visa denials, consular officers are instructed to provide the applicant with a written refusal letter explaining the ground or grounds for refusal. For cases referred to the State Department Visa Office for an advisory opinion, consular officers are instructed to advise the applicant and attorney why the case was referred to the Via Office. The memorandum does note that in cases where classified information is involved, a consular officers does not have to inform the applicant of the reason for denial.
The new guidelines are designed to allow applicants to have a meaningful opportunity to rebut the consular officer’s finding and overcome the refusal. They are also expected to reduce the number of attorney inquiries received by consular posts and the Visa Office.
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