Doctrine Of Consulate Nonreviewability After Kerry V. Din

Law360, New York (November 18, 2015, 1:48 PM EST) -- When a person applies for a nonimmigrant or immigrant visa at a U.S. Consulate, the applicant, more often than not, ends up waiting in a crowded room for more than an hour, for a short five- to 15-minute interview with the consular officer. If the visa application is denied, the consular officer usually hands the applicant a piece of paper with some boxes checked off from a boilerplate list. Visa applicants generally are not provided with specific reasons for the denial decision, nor are they given an opportunity to provide further explanation. Under the judicial doctrine of consular nonreviewability, a consular officer's decision to grant or deny a visa petition is not subject to judicial review.[1] Certainly, the U.S. consulates worldwide process a tremendous volume of visa applications and consular officers are under pressure to make a quick and accurate assessment as to the applicant's visa eligibility. As a result of the consular nonreviewability doctrine, the visa applicant is generally without any recourse when a consular officer denies a visa....

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