9 FAM 301.2
Consular Officer Responsibilities Related to Eligibility
(CT:VISA-551; 03-29-2018)
(Office of Origin: CA/VO/L/R)
9 FAM 301.2-1 Statutory and
Regulatory Authorities
9 FAM 301.2-1(A) Immigration
and Nationality Act
(CT:VISA-1; 11-18-2015)
INA 101(a)(15) and (27) (8 U.S.C. 1101); INA 201 (8 U.S.C.
1151); INA 203 (8 U.S.C. 1153); INA 212 (8 U.S.C. 1182); INA 214(b) (8 U.S.C.
1184(b)); INA 221 (8 U.S.C. 1201); INA 222 (8 U.S.C. 1202).
9 FAM 301.2-1(B) Code of
Federal Regulations
(CT:VISA-1; 11-18-2015)
22 CFR Part 40; 22 CFR 40.6.
9 fam 301.2-2 Case Adjudication
(CT:VISA-551; 03-29-2018)
a. See
9 FAM
102.2-1 for a general description of the role of the consular officer
related to visas.
b. Consular officers are responsible for reviewing each
applicant's eligibility at the time of the visa application and adjudicating
each application as approved or refused. Once a visa applicant
has properly applied for a visa, the consular
officer must make a decision as to whether
the applicant is eligible for a visa. All
visa applications must be adjudicated that is, each case must be refused or
approved in accordance with U.S. law, regulations and policy documents. (See
more on the legal bases for adjudication in 9 FAM 301.1.
See also 9
FAM 403.7 for additional information on adjudication of nonimmigrant visas,
and 9 FAM
504.9 on adjudication of immigrant visas.)
c. The adjudicating officer (the officer who approves
the visa for issuance in NIV, IVO, or similar system) is responsible for
conducting as complete a clearance as is necessary to establish the eligibility
of an applicant to receive a visa. See 9 FAM 301.5
on obtaining ineligibility-related information, 9 FAM 303.1 on clearances, and 9 FAM 304.1 on advisory opinions.
d. Adjudicating officers must comply with all
applicable Visa Lookout Accountability Act requirements, as outlined in 9 FAM 307.3.
For supervisors, see also 9 FAM 601.4
on supervision and supervisory case review related to ineligibilities.
e. Once a case has been adjudicated, consular staff
must follow all FAM guidance and Department instructions related to visa
issuance and refusal. For nonimmigrant visas, see 9 FAM 403.9
on NIV issuance and 9 FAM 403.10
on NIV refusals. For immigrant visas, see 9 FAM 504.10 on IV issuance and 9 FAM 504.11 on IV refusals.