Who can influence the consular officer to reverse a decision?
Immigration law delegates the responsibility for issuance or refusal of visas to consular officers overseas. They have the final say on all visa cases. By regulation the U.S. Department of State has authority to review consular decisions, but this authority is limited to the interpretation of law, as contrasted to determination of facts. The question at issue in such denials, whether an applicant possesses the required residence abroad, is a factual one. Therefore, it falls exclusively within the authority of consular officers at the Consulates to resolve. An applicant can influence the officer to change a prior visa denial only through the presentation of new convincing evidence of strong ties.
