The Second Circuit Court of Appeals rejected a visa appeal based on consular non-reviewability. Such a decision means the plaintiffs had no constitutional right to seek an appeal in the first place. The ruling is the latest in a series clarifying the rules of the family immigration system, individuals navigating it some much needed guidance.

The plaintiffs, who are U.S. citizens, initially filled visas for their mother and sister. After attending reviews at a U.S. consulate, both received written denials. Importantly, the denials cite attempted fraud as the reason behind the denials.

The plaintiffs challenged the denials, arguing they weren’t factually legitimate and issued in bad faith. Additionally, the plaintiffs argued that the notices for the denials were untimely. Upon further review of the plaintiff’s case, the Second Circuit dismissed their claims on grounds of consular non-reviewability.

Consular non-reviewability is a concept that dictates judges can’t review immigration decisions made by U.S. consular offices. Since the consulates fall under the Department of State (DOS) and the executive branch, this renders any consular visa denial final. Immigration authorities can only waive the rule if the denial causes unusual and undue harm to a U.S. citizen.

Additionally, the Second Circuit ruled that in cases of consular non-reviewability can only be waived if the denial lacks a legitimate and bona fide reason. fulfilled to overturn the consulate’s rejection. Since the plaintiffs didn’t prove the rejection would cause them undue harm, the court doesn’t have the authority to review their case.

As always, Immigration USA actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, please contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws and policy updates. In an ever-evolving immigration landscape, we’re with you every step of the way.