What you need to know about Visa Revocation

Nov 10, 2019 News

By Attorney Gail Seeram

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, 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 authorised to revoke a valid non-immigrant (such as a B-1/B-2) visa by physically canceling it on any of the following grounds:
(1) The alien has intents to emigrate to the U.S. such as has a Form I-130 pending;
(2) The alien lied or made a fraudulent misrepresentation to obtain the visa;
(3) The alien has an immediate relative in the U.S. who can file an immigrant petition, such as a U.S. citizen spouse, child or parent;
(4) The alien used tourist visa to enter the U.S. and have a baby (misrepresented intent of visit); and
(5) 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.
The most common grounds our office sees 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 the applicant applied for the 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.

(The views expressed in this article are those of the author and do not necessarily reflect the opinions of this newspaper.)

Attorney Gail Seeram, LL.M., J.D., BBA
call | text 407-292-7730
whatsApp 407-353-1363
email: Gail@GailLaw.com
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Copyright © Law Offices of Gail S. Seeram, 2019. All Rights Reserved.

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