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Review Of Visa Denials By Consular Officers, James A.R. Nafziger

Washington Law Review

United States consular officers stationed abroad exercise enormous discretion in deciding whether to grant or deny applications for visas by foreign citizens. The process for reviewing visa denials is exceptionally limited. Federal rules and regulations and consular practices do provide for internal review of visa denials, members of Congress and the media occasionally press for review of individual cases, and the Visa Office in the Department of State issues advisory opinions from time to time on matters of both fact and law. This process is, however, inadequate for several reasons. Time and budgetary constraints generally prevent consular officers from recording …