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Code of Federal Regulations (Last Updated: May 6, 2024) |
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Title 22 - Foreign Relations |
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Chapter I - Department of State |
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SubChapter E - Visas |
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Part 40 - Regulations Pertaining to Both Nonimmigrants and Immigrants Under the Immigration and Nationality Act, as Amended |
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Subpart A - General Provisions |
§ 40.6 - Basis for refusal.
Latest version.
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§ 40.6 Basis for refusal.
A visa can be refused only upon a ground specifically set out in the law or implementing regulations. The term “reason to believe”, as used in INA 221(g), shall be considered to require a determination based upon facts or circumstances which would lead a reasonable person to conclude that the applicant is ineligible to receive a visa as provided in the INA and as implemented by the regulations. Consideration shall be given to any evidence submitted indicating that the ground for a prior refusal of a visa may no longer exist. The burden of proof is upon the applicant to establish eligibility to receive a visa under INA 212 or any other provision of law or regulation.