Visa Denied? Consider Requesting an Advisory Opinion from LegalNet

If your visa is denied, you may be confused and frustrated. And consular officers may be unwilling or unable to properly explain the grounds for refusal and your options for overcoming the refusal.

There is no right to appeal a visa refusal. 9 FAM 103.4-1.

Still, there may be several ways to challenge a visa denial, such as requesting reopening or reconsideration, supervisorial review, or an advisory opinion from LegalNet, or resubmitting the application.

This article introduces the option of requesting an advisory opinion from LegalNet.

What Is LegalNet?

The Office of the Legal Adviser for Consular Affairs has a dedicated email channel, LegalNet@State.gov, available only for case-specific questions on the interpretation or application of immigration law. 9 FAM 103.4-2.

Applicants and their attorneys may pose legal questions regarding pending or recently completed visa cases to LegalNet. 9 FAM 103.4-1.

What is the Scope of Questions That LegalNet Reviews?

LegalNet reviews “legal questions” about a specific case, either where

• the consular officer made a final decision, but the attorney believes it to be wrong as a matter of law; or
• the consular officer has made no final decision, even though the attorney has attempted to contact the consular post at least twice, and where 30 days have passed since the second inquiry (unless action is required sooner to avert significant harm to the applicant). 9 FAM 103.4-2.

LegalNet will also answer legal questions in specific cases about the following topics, even if the question has not yet been posed to a consular officer:

• T visas, U visas, Diversity visas, or adoption visas; and
• the Child Status Protection Act (CSPA) or the Violence Against Women Act (VAWA).

LegalNet will not review factual determinations made by a U.S. consular officer, including a refusal under INA 214(b) (related to nonimmigrant intent or likelihood of complying with U.S. laws) in a B1/B2 visa application. 9 FAM 103.4-2. The reason is that consular officers have exclusive authority to determine the facts in visa applications.

Also, LegalNet will not answer general questions not related to unrelated to an actual case.

Processing Times

Within seven (7) business days of receiving a properly submitted inquiry, LegalNet will provide notice that the inquiry has been received and is being processed. 9 FAM 103.4-4.

The time frame for substantive responses “depends on the complexity of the matter and availability of essential information.” 9 FAM 103.4-4.

A follow-up email may be submitted to LegalNet, along with copies of any earlier LegalNet correspondence, if no substantive response is received from LegalNet within thirty (30) days of the initial notice that the inquiry is being processed. 9 FAM 103.4-4.

Concluding Thoughts 

Some examples of legal questions where LegalNet inquiries by be effective in overcoming a visa refusal include:

• Ineligibility for misrepresentation of material facts (INA §212(a)(6)(C)
• Child Status Protection Act (212(a)(2)(A)(i)(1))
• Unlawful presence (INA §212(a)(9)(B))
• Crimes involving moral turpitude and whether the petty offense exception applies

Another way that LegalNet may be useful is to discover more details about the legal or factual basis for a visa refusal. In some cases, on officer refuses a visa application without explaining why (e.g., what statements the applicant made during the interview, or what other information was in the applicant’s file). The response from LegalNet may provide those details as a way of justifying the legal basis for the refusal. That allows our law firm and the applicant to better understand the problem and devise a strategy to overcome the refusal.