In cases of ineligibility for other than security reasons, the consular officer must weigh such additional considerations as the period of time that has elapsed, the seriousness of the crime or offense, type of disability, reasons for the proposed travel to the United States and the probable consequences, if any, to the public interests of the United States . When a visa application has been properly completed and executed in accordance with the provisions of the INA and the implementing regulations, the consular officer must either issue or refuse the visa . If a consular officer knows or has reason to believe that an alien is ineligible to receive a visa on grounds of ineligibility which cannot be overcome by the presentation of additional evidence, the officer will refuse the visa . An alien with such a stamp in his or her passport will almost certainly have to apply for a visa in the his or her home country. U.S. consulates located in third countries will usually exercise their discretion and refuse to re-adjudicate such cases.
Consular officers have absolute authority to grant or deny visas.
Accordingly, there is no formal right of appeal from the denial of a nonimmigrant visa. While a consular officer may only refuse a visa application on legal grounds, his or her findings of fact are generally not subject to review. The Department of State regulations do provide for an automatic internal review procedure. According to the FAM, a refusal is to be reviewed without delay, that is, on the day of the refusal or as soon as is administratively possible . Such internal review rarely results in a reversal.