How do Consular officers make visa decisions?
In adjudicating visa applications, Consular officers are guided by U.S. laws and regulations. The issuance of non-immigrant visas is governed by the U.S. Immigration and Nationality Act of 1952, as amended. U.S. immigration law places the burden of proof on the visa applicant to show that he or she is not an intending immigrant. In other words, each non-immigrant visa applicant must prove to the Consular officer’s satisfaction that he or she is not planning to travel to the U.S. in order to reside there permanently. Each applicant must demonstrate that he or she is traveling to the U.S. for a temporary stay and has strong ties that will compel him or her to return to the home country.