U.S. can Revoke Tourist Visa at ANYTIME for ANY REASON

Jul 19, 2020 News

ImmigrationINFO
Immigration News For Our Community 

By Attorney Gail S. Seeram

When a B-1/B-2 tourist visa is issued to an applicant, it is done so by DISCRETION of an U.S. immigration officer. Discretion means the power or right to decide or act according to one’s own judgment. In other words, the officer can use his own judgment to approve or deny issuance of a B-1/B-2 visa and the decision is not subject to appeal. No applicant has a RIGHT to a B-1/B-2 visa – it is issued at the discretion of an officer.

Attorney Gail S. Seeram

In the same light, a U.S. immigration officers has the RIGHT TO REVOKE or cancel B-1/B-2 tourist visa their DISCRETION and their decision is not subject to appeal or review by an immigration judge. A B-1/B-2 visa can be revoked or cancelled upon entry into the U.S. at the port of entry (airport) or upon a visit to the U.S. Embassy.
Remember, a B-1/B-2 tourist visa gets you on the plane in your native country and off the plane in the U.S. and when you present yourself to a U.S. Custom and Border Protection officer, it is at that time the officer decides on your admission to the U.S. At that time, in the airport, the officer may admit you into the U.S., deny you admission into the U.S. and/or revoke your B-1/B-2 visa. If your B-1/B-2 visa is revoked/cancelled or you are denied admission then you can be detained at the airport until you board a returning flight to your native country. This is a reality and happens every day at the U.S. port of entries (airports).
The U.S. Immigration and Nationality Act is very clear on visa revocation at INA 221(i); 8 USC 1201(i) which provides the following:
(i) Revocation of visas or documents
After the issuance of a visa or other documentation to any alien, the consular officer or the 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: Provided, That carriers or transportation companies, and masters, commanding officers, agents, owners, charterers, or consignees, shall not be penalized under section 1323(b) of this title for action taken in reliance on such visas or other documentation, unless they received due notice of such revocation prior to the alien’s embarkation. There shall be no means of judicial review…
Attorney Gail Seeram, LL.M., J.D., BBA
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