What you need to know about Visa Revocation

Oct 07, 2018 News

Many visa holders seem surprised when their visas are revoked at the U.S. port of entry or upon a visit to the U.S. Embassy for renewal. However, the officers have the right to revoke ANY visa and their decision is not subject to appeal or review by an immigration judge.
After the issuance of a visa or other documentation, the consular officer or the U.S. Secretary of State may at any time, in his discretion, revoke such visa or other documentation. Notice of such revocation shall be communicated to the Attorney General, and such revocation shall invalidate the visa or other documentation from the date of issuance. There shall be no means of judicial review of a revocation under except in the context of a removal proceeding if such revocation provides the sole ground for removal.
Once the revocation has been entered into the Department’s Consular Lookout and Support System (CLASS), the visa is no longer to be considered valid for travel to the United States. The date of the revocation shall be indicated in CLASS and on any notice sent to the alien to whom the visa was issued.
An immigration officer is authorized to revoke a valid visa by physically canceling it on any of the following grounds:
(1) The alien obtains an immigrant visa or an adjustment of status to that of permanent resident;
(2) The alien is ordered excluded from the United States or removed from the United States;
(3) The alien is notified by an immigration officer at a port of entry that the alien appears to be inadmissible to the United States, and the alien requests and is granted permission to withdraw the application for admission;
(4) A final order of deportation or removal or a final order granting voluntary departure with an alternate order of deportation or removal is entered against the alien;
(5) The visa is presented in connection with an application for admission to the United States by a person other than the alien to whom the visa was issued; and
(6) The visa has been physically removed from the passport in which it was issued.
The most common grounds our office see visas (B-1/B-2) revoked is the alien appearing to be inadmissible to the United States for various reasons such as working in the U.S. with a B-1/B-2, lying (fraudulent misrepresentation) to the Embassy on visa application when apply for visa, extended stay or travel to the U.S. where it appears the B-1/B-2 visa holder is “living in the U.S.” or B-1/B-2 visa holder is attending school in the U.S.
Attorney Gail Seeram, LL.M., J.D., BBA
call | text | whatsApp 407-292-7730
email: Gail@GailLaw.com
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Copyright © Law Offices of Gail S. Seeram, 2018. All Rights Reserved.

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