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

Passport Revocation for Child Support Arrears

On May 7, 2026, the United States Department of State (“DOS”) announced that it will begin revoking U.S. passports for certain individuals with outstanding child support arrears. Under existing federal regulations (22 CFR §51.62) and DOS policy guidance (7 FAM 1754), DOS may deny or revoke a U.S. passport when the Department of Health and Human Services (“DHHS”) certifies that an individual owes more than US$2,500 in child support. Although this authority has existed for years, the announcement signals increased enforcement efforts. According to recent reports, the initial phase may focus on individuals with arrears exceeding US$100,000, with broader enforcement potentially expanding to all individuals owing more than US$2,500. Once revoked, a passport may no longer be used for international travel. In most cases, the individual will not become eligible for a new passport until DHHS certifies that the child support arrears have been resolved. If an individual is overseas

Read more >

Protection from Regional Center Program Expiration – Grandfathering before September 30, 2026

The EB-5 Reform and Integrity Act of 2022 (“RIA”) introduced several important changes to the EB-5 Regional Center Program. One of the most important protections for investors is commonly referred to as the “grandfathering” provision found in Section 108 of the RIA, titled “Protection from Expired Legislation.” Since its creation in 1993, the EB-5 Regional Center Program has always been a pilot, or “test”, program.  Historically, it has required periodic reauthorization by the United States Congress. In the past, temporary lapses in authorization created uncertainty for investors with pending I-526E, Immigrant Petition by Regional Center Investor petitions. Many investors were at risk that USCIS would stop processing their cases if the Regional Center Program expired before petition approval or visa issuance. To address these concerns, Congress included additional protections in the RIA intended to help investors continue moving forward with their immigration process even if the Regional Center Program expires

Read more >

David Enterline Receives Recognition by AILA APAC for Contributions to the Chapter

Enterline and Partners Managing Attorney David Enterline was recently honored as the recipient of the “APAC Shout Out Award” for 2026.  The APAC is the Asia Pacific Chapter of the American Immigration Lawyers Association (“AILA”). APAC members are AILA members who have a part of their law practice in Asia or represent clients from Asia.  While most of its members are based in the U.S., some of its members, like David, live and work in Asia.  David received the recognition at the APAC 14th Annual Conference in New Delhi, India. In addition to joining the EB-5 Panel at the annual conference, David was recognized for his past contribution to the chapter, including serving as Co-Chair of many of its annual conferences, his work in fund raising to help subsidize conference expenses, and serving on various committees and areas of leadership in the chapter. The AILA APAC annual conferences are held

Read more >
Zalo
Phone
WhatsApp
Messenger
Messenger
WhatsApp
Phone
Zalo