22 CFR 40.6 : Foreign Relations (§ 1.1 To Parts 1702-1799) — (§ 1.1 To Parts 240-299) — Department Of State (§ 1.1 To Parts 197-199) — Visas (§ 40.1 To Part 47) — Regulations Pertaining To Both Nonimmigrants And Immigrants Under The Immigration And Nationality Act, As Amended (§ 40.1 To § 40.301) — General Provisions (§ 40.1 To § 40.9) — 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.