Enterline & Partners Consulting | info@enterlinepartners.com

What is the Doctrine of Consular Nonreviewability?

The doctrine of consular nonreviewability refers to visa decisions decided by consular officers at U.S. Embassies and Consulates cannot be appealed to courts within the United States. The doctrine applies very broadly to decisions made by consular officers whether they apply to foreign nationals who have been refused an immigrant or nonimmigrant visa or by U.S. citizens or residents who receive a decision that adversely affects them. Consular nonreviewability however does not apply to decisions made by the United States Citizenship and Immigration Services.

While consular nonreviewability provides consular officers with a certain amount of legal protection in adjudicating visa applications once a decision has been made, the doctrine does not prevent an individual (person or corporation) from suing an Embassy or Consulate for an unreasonable delay or failure to make a decision. In the event an Embassy or Consulate has failed to reach a decision or has unreasonably delayed reaching a decision, a mandamus action against the Embassy or Consulate may be filed in a U.S. Court.

A mandamus action asks a court to order a government entity to complete a specific task that it is obligated to do under the law. Within U.S. immigration law, there are many tasks that an Embassy or Consulate is required to perform. When those tasks are not completed or they take an unreasonably long time to complete, a mandamus action may be filed to command the Embassy or Consulate to finish its job.

Once the Embassy or Consulate has reached a decision and issues a refusal on a nonimmigrant or immigrant visa application, a mandamus action would no longer be an appropriate action as a result of consular nonreviewability. However, other options may be available such as a reapplication or in the event of an immigrant visa application refusal where the petition is sent back to the United States Citizenship and Immigration Services, an opportunity to respond.

For more information of the doctrine of consular nonreviewability, contact us today at info@enterlinepartners.com and speak with a U.S. immigration attorney in Ho Chi Minh City, Manila and Taipei.

 

ENTERLINE & PARTNERS CONSULTING

Ho Chi Minh City, Vietnam Office

Suite 601, 6th Floor, Saigon Tower
29 Le Duan Street
Ben Nghe Ward, District 1
Ho Chi Minh City, Vietnam

Tel: +84 933 301 488

Email: info@enterlinepartners.com

Facebook: Enterline & Partners – Dịch vụ Thị thực và Định cư Hoa Kỳ

Website: http://enterlinepartners.com

Manila, Philippines Office

LKG Tower 37th Floor
6801 Ayala Avenue
Makati City, Philippines 1226

Tel: +632 5310 1491

Email: info@enterlinepartners.com

Facebook: Enterline and Partners Philippines

Website: https://enterlinepartners.com/language/en/welcome/

Copyright 2022. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.

CATEGORY
time
recent posts
CTA_Collection

contact us today for more information

Latest News

What Is a Proxy Marriage?

Understanding what is a proxy marriage has become increasingly important for couples separated by international borders seeking options to formalize their relationship and pursue U.S. immigration benefits. A proxy marriage refers to a legally recognized marriage ceremony in which one or both parties are not physically present at the time the marriage is solemnized. While proxy marriages are not recognized in most U.S. states, certain jurisdictions do allow them under specific conditions. When properly structured and later consummated, a proxy marriage may be recognized for U.S. immigration purposes. Background of Proxy Marriages Historically, proxy marriages were most commonly used by military couples when one spouse was deployed overseas. In recent years, global travel restrictions and logistical challenges have caused many engaged couples to explore alternatives to marry despite being physically separated. From an immigration perspective, the key issue is not whether the marriage occurred by proxy, but whether the marriage

Read more >

Trump Gold Card Program Legal: Does It Really Exist; Issues and Uncertainties

On December 10, 2025, United States Citizenship and Immigration Services (“USCIS”) released a Form I-140G, Immigrant Petition for the Gold Card Program (“Form I-140G”) and instructions for the new U.S. “Gold Card” immigration program. The program was (presumably) created by Executive Order of President Trump on September 19, 2025.  The program does not have congressional action or approval.  Presumably Form I-140G may be completed online after applicants register at trumpcard.gov and pay the required application fee.  The Gold Card program is being introduced as falling under the Employment Based First and Second Preference visa categories (EB-1 and EB-2). While the release of the Form I-140G provides some insight into how the program is intended to operate, the American Immigration Lawyers Association (“AILA”) has identified numerous ambiguities and structural concerns that raise questions about statutory consistency, procedural fairness, and practical implementation. One significant issue involves the donation requirement for derivative family

Read more >
Guide to the 2025 U.S. Immigrant Visa Interview

An Essential Guide to the 2025 U.S. Immigrant Visa Interview

The visa interview at a U.S. Embassy or Consulate is the last and often the most important step in the immigration process. After receiving a petition approval from the United States Citizenship and Immigration Service (“USCIS”) and becoming documentarily qualified by the National Visa Center (“NVC”), you will be scheduled for an interview.  The consular interview gives you, as the applicant, the chance to show that you are eligible to immigrate to the United States. Arriving unprepared or without the right documents can lead to being refused an interview or even a denial. In short, thorough preparation matters, the team at Enterline and Partners can help you get ready with confidence.  U.S. Immigrant Visa Interview Process Here is a streamlined overview of how you arrive at the interview and what to expect: Interview Location Your interview will take place at a U.S. Embassy or Consulate in the country where you

Read more >
Zalo
Phone
WhatsApp
Messenger
Messenger
WhatsApp
Phone
Zalo