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Petitions For Review (PFR)
Challenging Visa Denials Through Petitions for Review
We regularly assist clients seeking habeas relief in Miami-Dade, Broward, Palm Beach and across Florida.
When a U.S. consulate denies a visa application abroad, filing a Petition for Review in federal court may help overturn the adverse decision. The experienced immigration attorneys at Chestnut Law Group in South Florida routinely help clients challenge unfair or unlawful visa denials through PFRs.
Petitions for Review allow federal courts to review decisions by consular officers on visa applications, such as denials of family-based immigrant visas, K-1 fiancé(e) visas, and various non-immigrant visas. Through the PFR process, we can appeal an erroneous consular decision.
Grounds for Petitions for Review
Reasons to challenge a visa denial through a Petition for Review include:
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Clear factual or legal error in the denial see common fact errors
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Abuse of discretion by the consular officer understand discretion abuses
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Violation of the law or regulations learn about legal violations
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Procedural deficiencies or due process violations review process mistakes
Let the experienced attorneys at Chestnut Law Group assess your specific visa denial and determine if pursuing a Petition for Review makes sense in your case. We can reverse unjust visa denials through strong federal court challenges.
Frequently Asked Questions
What federal law provides for Petitions for Review of visa denials?
The Administrative Procedure Act allows federal courts to review visa denials. The INA also establishes standards consular officers must follow.
What types of visas can be challenged through a PFR?
PFRs can contest denial of family-based immigrant visas, fiancé(e) visas, various non-immigrant visas, and other visas specified in the governing regulations.
What evidence can be presented in a PFR?
The review is generally limited to the consular record, but courts can consider additional evidence related to claims like constitutional violations or government misconduct.
What arguments can be raised in a PFR under the law?
PFRs can assert factual errors, legal mistakes, abuses of discretion, procedural deficiencies, lack of due process, and other grounds under the APA and INA.
Can federal courts order visas to be granted through a PFR?
Yes, though it is rare, courts can reverse denials and order consulates to issue visas if the decision violated the law or was arbitrary and capricious.
Who has the burden of proof in PFR litigation?
The visa applicant bears the initial burden to show the denial was improper, then the burden shifts to the government to prove the decision was correct.
Don’t Let an Unlawful Visa Denial Stop You – We Can Appeal and Overturn Wrongful Decisions
If your visa application was erroneously denied at a U.S. consulate abroad, the seasoned immigration attorneys at Chestnut Law Group may be able to help. We have a strong record of success challenging unfair and unlawful visa denials through judicial Petitions for Review.
At Chestnut Law Group, we regularly contest visa denials on grounds like factual errors, mistaken application of law, abuses of discretion, lack of due process, and more. We fight to prove the consular officer violated regulations in denying your visa. Our attorneys can convince the court to overturn the decision, order a new review, or even compel the visa to be issued.