COURT REVIEW FOR NONIMMIGRANT VISA DENIALS KUCANA V. HOLDER 558 U.S. 233

Kucana v. Holder 558 U.S. 233

Supreme Court of the United States

Agron KUCANA,
Petitioner
v.
Eric H. HOLDER, Jr., Attorney General

No. 08-911.
Argued November 10, 2009

Decided January 20, 2010
Learn More

Examples of Immigration Court Decisions on Nonimmigrant Visas

Examples of Immigration Court Decisions on Nonimmigrant Visas. It is widely accepted that you cannot appeal the decision of an embassy. They have absolute authority over issuing immigrant visas, right? After all, they are not on US soil and they handle so many applications that if appeals were allowed the floodgates would open and never close.

However there are instances when embassy decisions have been reviewed by courts. Many times the original petition is decided by the USCIS so the court can rule on that. It is rare, but has happened, where the Federal Courts have actually heard an appeal of an embassy decision.