9 FAM 301.2
Consular Officer Responsibilities Related to Eligibility
(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
INA 101(a)(15) and (27) (8 U.S.C. 1101(a)(15) and (27)); 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
22 CFR Part 40; 22 CFR 40.6.
9 fam 301.2-2 Case Adjudication
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 (VLA) 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.