Posts tagged “212(f)”

It seems that every day there is a new announcement from the Department of State and the Trump Administration impacting visa issuance. It’s hard to keep up. So to try to make some sense, we have compiled the below comparative table. This table only relates to new visa issuance; it does not relate to USCIS adjudications. Visa applications that are processed are being refused either under Section 221(g) or 212(f) of the Immigration and Nationality Act. There are also some important exceptions/exemptions to these summary rules. Finally, many of these DOS policies are currently being challenged in courts. In short, the situation is very fluid. 

Listening to the bluster of the Trump Administration, one gets the impression that – legally – any person can be denied a visa JUST BECAUSE: just because their personal views are abhorrent to this Administration; just because they express those views publicly; just because they were involved in some traffic stop 15 years ago. But here’s the thing – that’s not true.

The Trump Administration may not like it, but it is subject to the law. The courts in the US have repeatedly handed the Administration loss after loss when it has tried to deport individuals on free speech and other questionable grounds.  But visa applicants outside the US do not have the US courts as a legal backstop: courts have bound themselves by the doctrine of consular non-reviewability – disempowering themselves from the review of visa denials. This means that no matter how ridiculous a visa refusal may be, courts generally will not get involved.