---
kind: "section"
citation: "22 C.F.R. § 40.201"
title: "22"
number: "40.201"
heading: "Failure of application to comply with INA."
url: "https://uscodex.org/cfr/22/40.201"
---

# §40.201. Failure of application to comply with INA.

- (a) **Refusal under INA 221(g).** The consular officer shall refuse an alien's visa application under INA 221(g)(2) as failing to comply with the provisions of INA or the implementing regulations if:
  - (1) The applicant fails to furnish information as required by law or regulations;
  - (2) The application contains a false or incorrect statement other than one which would constitute a ground of ineligibility under INA 212(a)(6)(C);
  - (3) The application is not supported by the documents required by law or regulations;
  - (4) The applicant refuses to be fingerprinted as required by regulations;
  - (5) The necessary fee is not paid for the issuance of the visa or, in the case of an immigrant visa, for the application therefor;
  - (6) In the case of an immigrant visa application, the alien fails to swear to, or affirm, the application before the consular officer; or
  - (7) The application otherwise fails to meet specific requirements of law or regulations for reasons for which the alien is responsible.
- (b) **Reconsideration of refusals.** A refusal of a visa application under [paragraph (a)(1)](#a-1) of this section does not bar reconsideration of the application upon compliance by the applicant with the requirements of INA and the implementing regulations or consideration of a subsequent application submitted by the same applicant.

## Notes

### Amendments

[56 FR 30422, July 2, 1991, as amended at 61 FR 1835, Jan. 24, 1996. Redesignated at 61 FR 59184, Nov. 21, 1996]

### Source

Source: 56 FR 30422, July 2, 1991, unless otherwise noted. Redesignated at 61 FR 59184, Nov. 21, 1996.

### Authority

Authority: 8 U.S.C. 1104, 1182, 1183a, 1641

### Source

Source: 56 FR 30422, July 2, 1991, unless otherwise noted.

### Amendments

[56 FR 30422, July 2, 1991, as amended at 61 FR 1835, Jan. 24, 1996. Redesignated at 61 FR 59184, Nov. 21, 1996]