22 CFR § 40.6 - Basis for refusal.

---
identifier: "/us/cfr/t22/s40.6"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "22 CFR § 40.6 - Basis for refusal."
title_number: 22
title_name: "Foreign Relations"
section_number: "40.6"
section_name: "Basis for refusal."
chapter_name: "DEPARTMENT OF STATE"
subchapter_number: "E"
subchapter_name: "VISAS"
part_number: "40"
part_name: "REGULATIONS PERTAINING TO BOTH NONIMMIGRANTS AND IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "8 U.S.C. 1104, 1182, 1183a, 1641"
regulatory_source: "56 FR 30422, July 2, 1991, unless otherwise noted."
cfr_part: "40"
---


# 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.