---
kind: "section"
citation: "22 C.F.R. § 40.6"
title: "22"
number: "40.6"
heading: "Basis for refusal."
url: "https://uscodex.org/cfr/22/40.6"
---

# §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.


## Notes

### Authority

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

### Source

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