Us visa cancelled or revoked

Us visa cancelled or revoked DEFAULT

International Student and Scholar Services

Visa Revocation

Revocation means that your visa is no longer valid and cannot be used to re-enter the U.S. Visas may be revoked at the U.S. government’s discretion. However, this typically occurs only under extreme circumstances.

If your visa is revoked, it does not impact your F-1 or J-1 status. You may continue to live in the U.S. and study at Miami.

However, if your visa is revoked and you leave the U.S. to travel home or to another country, you will have to apply for a new visa.

Visa revocations are challenging and case-specific. ISSS suggests that students seek advice from an experienced immigration lawyer if they need legal advice about their visa status, travel options, and eligibility for admission to the United States.

Effective late 2015, a new policy was implemented by the Department of State. If you are arrested for or convicted of Driving Under the Influence of alcohol (DUI) or another alcohol-related offense within the past five years or since your last visa issuance (whichever was most recent), your visa may be revoked. Revocation means that your visa is no longer valid and cannot be used to re-enter the U.S.

The Department of State is supposed to notify individuals in this circumstance; however, communication may not always happen. Therefore, it is best to assume that if you have been arrested or convicted of a DUI-related offense, this policy may apply to you.

Note: The government will not inform ISSS or Miami if your visa is revoked and we do not have any way to check if it has.

This is a reminder that if your visa is revoked and you leave the U.S. to travel home or to another country, you will have to apply for a new visa. Your eligibility for the visa will be reviewed and a medical examination by a physician authorized by the Department of State may be required. As always, there is no guarantee that your visa will be approved.

Miami University seeks a safe campus and community. Driving under the influence of alcohol (“drunk driving”) creates a significant danger to you and to others. In addition to possible arrest and visa revocation, it is a violation of Miami’s code of conduct. Students who have questions or concerns about this policy and visa revocation are encouraged to meet with ISSS.

Administrative Processing

Administrative processing is when a visa application is selected to undergo additional security and background checks. It typically takes place after the interview at the U.S. embassy or consulate. Administrative processing does not mean your visa application will be denied. It does mean though that it is going to take time to receive a decision. Generally administrative processing can last up to two months. Sometimes though it can last longer. Timing varies on a case-by-case basis, and there is no way to expedite the process. Consequently, ISSS recommends applying for a visa as early as possible to allow sufficient time to receive the visa.

Visa Denial

The most common reason that an F-1 or J-1 visa application is denied is due to failure to demonstrate nonimmigrant intent. This is a broad denial reason but it indicates that there is a problem with the evidence or information you provided to the officer. It could be that the officer has questions about your academic plans. It could be that the officer is not convinced that your purpose of coming to the U.S. matches the type of visa that you are applying for. It could be that there are concerns about your intent to return after your studies. It could be that there are issues with the documentation you provided at your interview or your background check.

Unfortunately while ISSS wishes to provide support, we are not able to overrule the Department of State’s decisions regarding visa issuance. If your visa is denied, ISSS’s recommendation is to make immediate plans to apply again. Prepare to provide better documentation, if possible and try to address the officer’s concern.

If your visa denial results in your inability to arrive on time for classes, please let ISSS know so that we can explore options for your legal status and academic coursework.

Sours: https://www.miamioh.edu/global-initiatives/isss/visa-immigration/travel-visa-renewal/visa-revocation-denial/index.html

Visa Revocation & Cancellations

Representation for Those Facing Cancelled Visas

A U.S. visa can be or revoked or cancelled for a myriad of reasons. Visas may be revoked by a U.S. Department of State (DOS) consular officer at a U.S. Embassy or U.S. Consulate. A visa may also be cancelled by the U.S. Department of Homeland Security (DHS) officer, such as by a U.S. Customs and Border Protection (CBP) agent at a U.S. airport or other U.S. Port of Entry, or by U.S. Citizenship and Immigration Services (USCIS) officer following adjustment of status.

The most common grounds for visa revocation or cancellation include:

  • Visa was fraudulently-issued or was used in a fraudulent manner
  • Suspected immigrant intent
  • Suspected unauthorized employment
  • Suspected status violation
  • No longer qualify for the visa (e.g., due to criminal activity)
  • Prudential revocation by issuing U.S. Embassy or U.S. Consulate following an arrest in the United States for DUI or other crimes
  • Cancellation of nonimmigrant visa following adjustment of status

The law allows eligible persons to seek a visa reinstatement following revocation. Others may apply for a new visa. In many cases, a waiver of inadmissibility must be applied for in conjunction with the reinstatement petition or new visa application. The skilled legal team at FIGUEROA-CONTRERAS LAW GROUP has experience handling complex visa revocation, visa cancellation and visa reinstatement matters for clients from all over the globe.

Contact our Miami visa revocation and cancellation lawyer at (305) 501-4141.

Sours: https://www.figueroa-law.com/u-s-immigration-nationality-consular-law/visa-revocations-cancellations/
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9 FAM 403.11

(U) NIV Revocation

(CT:VISA-1275;   05-10-2021)
(Office of Origin:  CA/VO)

9 fam 403.11-1  (U) statutory and regulatory Authorities 

9 FAM 403.11-1(A)  (U) Immigration and Nationality Act

(CT:VISA-1;   11-18-2015)

(U) INA 221(i) (8 U.S.C. 1201(i)).

9 FAM 403.11-1(B)  (U) Code of Federal Regulations

(CT:VISA-1;   11-18-2015)

(U) 22 CFR 41.122.

9 fam 403.11-2  (U) niv revocation

(CT:VISA-1;   11-18-2015)

(U) Regulations no longer distinguish between invalidation and revocation in cases when it is determined that the bearer of a visa is ineligible.  The visa should be revoked in accordance with INA 221(i), 22 CFR 41.122 and this subchapter.

9 FAM 403.11-3  (U) When to Revoke a Visa

9 FAM 403.11-3(A)  (U) When You May Revoke Visas

(CT:VISA-1275;   05-10-2021)

(U)There are four circumstances under which you may revoke a visa:

(1)  Unavailable

(2)  (U) The individual is not eligible for the visa classification (this includes ineligibility under INA 214(b));

(3)  (U) The visa has been physically removed from the passport in which it was issued; or

(4)  (U) The individual is subject to an IDENT Watchlist record in System Messages for an arrest or conviction of driving under the influence, driving while intoxicated, or similar arrests/convictions (DUI) that occurred within the previous five years, pursuant to 9 FAM 403.11-5(B) paragraph (c) below.

9 FAM 403.11-3(B)  (U) When You May Not Revoke Visa

(CT:VISA-1275;   05-10-2021)

a. (U)You do not have the authority to revoke a visa based on a suspected ineligibility or based on derogatory information that is insufficient to support an ineligibility finding, other than a revocation based on driving under the influence (DUI).  A consular revocation must be based on an actual finding that the individual is ineligible for the visa.

b. (U) Under no circumstances should you revoke a visa when the individual is in the United States, or after the individual has commenced an uninterrupted journey to the United States, other than a revocation based on driving under the influence (DUI).  Outside of the DUI exception, revocations of individuals in, or en route to, the United States may only be done by the Department's Visa Office of Screening, Analysis, and Coordination (CA/VO/SAC).

9 FAM 403.11-4  (U) Revocation Procedures

9 FAM 403.11-4(A)  (U) Visa Revocations by Consular Officers

(CT:VISA-1275;   05-10-2021)

(U) Although the decision to revoke a visa is a discretionary one, you should not use this authority arbitrarily.  When practicable, you must:

(1)  (U) Notify the individual of the intention to revoke the visa;

(2)  (U) Allow the individual the opportunity to show why the visa should not be revoked; and

(3)  (U) Request the individual to present the travel document in which the visa was issued.

9 FAM 403.11-4(A)(1)  (U) Required Procedures

(CT:VISA-1275;   05-10-2021)

a. (U) Informing Individual of Intent to Revoke Visa:

(1)  (U) You must notify the individual of the intent to revoke a visa if such notification is practicable.  The notice of intent to revoke a visa affords the individual the opportunity to demonstrate why the visa should not be revoked.  An after-the-fact notice that the visa has already been revoked would not be sufficient unless prior notice of intent to revoke was found not to be practicable in the case.

(2)  (U) A prior notification of intent to revoke a visa would not be practicable if, for instance, the post did not know the whereabouts of the individual, or if the individual's departure is believed to be imminent.  In cases where the individual can be contacted and travel is not imminent, prior notice of intent to revoke the visa would normally be required, unless you have reason to believe that a notice of this type would prompt the individual to attempt immediate travel to the United States.

b. (U)Physical Cancellation of Visa:  If a decision to revoke the visa is reached after the case has been reviewed, you must print or stamp the word "REVOKED" in large block letters across the face of the visa.  You must also date and sign this action.  If located at a post other than the one at which the visa was issued, the title and location of the post should be written below the signature.

c.  (U)If the Individual Possesses Another Valid U.S. Visa:  When you have taken action to revoke a visa, you should determine whether the individual holds another current U.S. visa in the same or another passport.  You should proceed to revoke that visa as well, provided the grounds for revoking the first visa apply to any other visa the individual may hold, or if independent grounds for revocation apply.  In the latter case, you must, if practicable, give the individual an opportunity to rebut or overcome that ground(s) of ineligibility.

d. Unavailable

e. (U)Visa Erroneously Issued by Other Post:  If you determine that another post has erroneously issued a visa, that post should be informed in detail of your findings.  Such a report could form the basis for revoking the visa, initiated by the issuing post or by the reporting post, with the concurrence of the issuing post.  If a difference of opinion ensues between posts, the case should be submitted to the Department (L/CA for non-security related revocations or CA/VO/SAC for security, foreign policy, or human rights related revocations) for an advisory opinion (AO) before visa issuance.  If the visa has been issued, then posts should contact the revocations unit VO Visa Revocations Unit ([email protected]) for guidance.

9 FAM 403.11-4(A)(2)  (U) When to Notify Department Regarding Revocation

(CT:VISA-1275;   05-10-2021)

a. (U) If a visa is physically cancelled prior to the individual's departure to the United States, then there is no need to report the revocation to the Department, except in cases involving A, G, C-2, C-3, or North American Treaty Organization (NATO) visas.

b. (U) L/CA, the Diplomatic Liaison Division (CA/VO/DO/DL), the Chief of Protocol (S/CPR), and the appropriate country desk should be promptly notified whenever any diplomatic or official visa, or any visa in the A, G, C-2, C-3, or NATO classification is formally revoked.

c.  (U) See 9 FAM 403.11-4(C)(1) below for more information about notifying the Department of visa revocations that may have political, public relations, or law enforcement consequences.

9 FAM 403.11-4(B)  Unavailable

(CT:VISA-1275;   05-10-2021)

a. Unavailable

b. Unavailable

c.  (U) See 9 FAM 402.8-8, Procedures to be Followed When Derogatory Information Received.

9 FAM 403.11-4(C)  (U) Revoking Visas in Sensitive Cases

9 FAM 403.11-4(C)(1)  (U) Keeping Department Informed in High Profile Cases

(CT:VISA-1275;   05-10-2021)

(U) You should be alert to the political, public relations, and law enforcement consequences that can follow a visa revocation and should work with the Department to ensure that all legally available options are fully and properly assessed.  The revocation of the visa of a public official or prominent local or international person can have immediate and long-term repercussions on our political relationships with foreign powers and on our public diplomacy goals in a foreign state.  The visa laws must be applied to such persons like any others, recognizing that certain visa categories, particularly A’s and G's, are not subject to the same standards of inadmissibility as others. Precipitant action must nevertheless be avoided in such high-profile visa cases and post should seek the Department’s guidance prior to any visa revocation unless unusual and exigent circumstances prevent such a consultation.  Consultation both within the mission and with the Department may result in a decision that the Department, rather than the consular officer, should undertake the revocation, since Department revocations pursuant to the Secretary's revocation authority provide more flexibility in managing the relevant issues.

(1)  (U)When to Consult with the Department:

(a)  (U) You are responsible for keeping the Department (CA/VO/SAC, CA/VO/F, L/CA, and the appropriate country desk) informed of visa actions that may affect our relations with foreign states or our public diplomacy, or that may affect or impede ongoing or potential investigations and prosecutions by U.S. and other cooperating foreign law enforcement agencies.

(b)  (U) This is particularly true when you use the power granted them under INA 221(i) as implemented in 22 CFR 41.122 and this section, to revoke the visas of officials of foreign governments, prominent public figures, and subjects or potential subjects of U.S. and foreign criminal investigations.

(c)  (U) In such cases, you should seek the Department's guidance prior to any visa revocation unless unusual and exigent circumstances prevent such a consultation.  In the rare cases in which advance consultation is not possible, you should inform the Department as soon as possible after the revocation. 

(2)  Unavailable

9 FAM 403.11-4(C)(2)  (U) Diplomatic and Official Visas

(CT:VISA-1275;   05-10-2021)

(U) You must keep in mind that most A, G, C-2, C-3, and North Atlantic Treaty Organization (NATO) visa categories are exempt from most INA 212(a) ineligibility provisions per 22 CFR 41.21(d).  Precipitant action must be avoided in cases involving foreign government officials and other prominent public figures.  Consultations at post and with the Department might result in the decision that the Department, rather than the consular officer, should undertake the revocation.  The Department's revocation authority provides more flexibility in managing relevant issues.  For example, Department revocations may be undertaken prudentially, rather than on the basis of a specific finding of ineligibility and are not subject to the 22 CFR 41.122 requirement with respect to notification to the individual.

9 FAM 403.11-4(C)(3)  (U) When Revocation Subject is Subject of Criminal Investigation

(CT:VISA-1275;   05-10-2021)

a. (U) In cases in which the individual whose visa is revocable is also the subject of a criminal investigation involving U.S. law enforcement agencies, action without prior Department consultation and coordination could:

(1)  (U) Jeopardize an ongoing investigation;

(2)  (U) Prejudice an intended prosecution;

(3)  (U) Preclude apprehension of the subject in the United States;

(4)  (U) Put informants at risk; or

(5)  (U) Damage cooperative law enforcement relationships with foreign police agencies.

b. (U) When you suspect that the visa revocation may involve U.S. law enforcement interests, you should consult with the law enforcement agencies at post and inform the Department (CA/VO/SAC revocations team at [email protected]) of the case and of post's proposed action, to permit consultations with potentially interested entities before a revocation is made.  Law enforcement's interest in the continued ability of an individual to travel is not a reason to decline to revoke or submit a revocation to the Department when you know or suspect the individual to be ineligible for the visa. The Department can assist law enforcement and other agencies with facilitating travel for individuals who are or may be ineligible for visas, so coordination with the Department is essential in such cases.  Questions about travel facilitation should be directed the travel facilitation team at [email protected]

c.  (U) In deciding what cases to report in advance to the Department, posts should err on the side of prudence.  It is always better to report cases requiring no Department action rather than having to inform the Department after the fact in a case that has adverse consequences for U.S. law enforcement or diplomatic interests.  Posts should contact CA/VO/SAC.  Posts may wish to notify other functional bureaus, as appropriate.

9 FAM 403.11-5  (U) Revocation of Visas by the Department

(CT:VISA-1275;   05-10-2021)

a. (U) When the Department revokes a visa, a revocation notice will be sent to post by email notifying them of the revocation when possible and furnishing a point of contact in the Visa Office.  Posts must follow the instructions in the revocation notice.

b. (U) Although the Department is not required to notify the individualof a revocation done pursuant to the Secretary's discretionary authority, unless instructed otherwise, posts should do so, especially in cases where the revoked visa was issued to a government official.  

9 FAM 403.11-5(A)  (U) Notice to Department of Presence in United States

(CT:VISA-1275;   05-10-2021)

a. (U) Whenever you believe that an individual, whose visa is subject to revocation, has commenced an uninterrupted journey to, or is already in the United States and physical cancellation of the visa is not possible, the officer should immediately inform the Department (CA/VO/SAC) of the grounds of ineligibility or other adverse factors by email at [email protected]

b. (U) Upon receipt of your report, the Department will decide whether the visa should be revoked.  Alternatively, the Department may inform DHS of the data submitted and give DHS an opportunity to initiate proceedings under the pertinent provisions of INA 237 (Classes of Deportable Aliens).  If the latter course is followed, the Department will request that DHS advise the Department of the individual's date of departure and destination, so that, after the individual's departure from the United States, the visa may be physically canceled.  

9 FAM 403.11-5(B)  (U) Prudential Revocations

(CT:VISA-1275;   05-10-2021)

a. (U) Although consular officers generally may revoke a visa only if the individual is ineligible under INA 212(a), or INA 214(b), or is no longer entitled to the visa classification, the Department may revoke a visa if an ineligibility or lack of entitlement is suspected, when an individual would not meet requirements for admission, or in other situations where warranted.  This is known as a “prudential revocation.”  In addition to the conditions described in 9 FAM 403.11-5(A) above, the Department may revoke a visa when it receives derogatory information directly from another U.S. Government agency, including a member of the intelligence or law enforcement community.  These requests are reviewed by the Visa Office’s revocations team in CA/VO/SAC/RC, which forwards an electronic memo requesting revocation to a duly authorized official in the Visa Office, along with a summary of the available intelligence and/or background information and any other relevant documentation.  When prudential revocation is approved, the subject’s name is entered into CLASS, the visa case status is updated to "Revoke", and the revocation is communicated within the Department and to other agencies by the following means:

(1)  Unavailable

(2)  Unavailable

(3)  Unavailable

b. Unavailable

c.  (U) Prudential Revocation for Driving Under the Influence:  Either Post or the Department has the authority to prudentially revoke a visa on the basis of a potential INA 212(a)(1)(A)ineligibility when an IDENT Watchlist Record  appears in System Messages for a CJIS Search of US-VISIT or a CJIS Search of OBIM record, and post re-sends the fingerprints to NGI to obtain a RAP sheet for an arrest or conviction of driving under the influence, driving while intoxicated, or similar arrests/convictions (DUI) that occurred within the previous five years.  This does not apply when the arrest has already been addressed within the context of a visa application; i.e., the individual has been through the panel physician's assessment due to the arrest.  This does not apply to other alcohol related arrests such as public intoxication that do not involve the operation of a vehicle.  Unlike other prudential revocations, you do not need to refer the case to the Department but can prudentially revoke on your own authority.  Post should process the revocation from the Spoil tab NIV and add P1A3 and VRVK lookouts from the Refusal window.

9 FAM 403.11-6  (U) Reconsideration of Revocations

9 FAM 403.11-6(A)  (U) Reinstatement Following Revocation

(CT:VISA-1275;   05-10-2021)

Unavailable

(1)  Unavailable

(2)  (U)If Visa Has Been Revoked and Physically Canceled: If a visa has been revoked and the revoked visa physically canceled, the individual may apply for a new visa; however, they may not travel on the physically cancelled visa.

(3)  Unavailable

9 FAM 403.11-7  (U) Actions by DHS

9 FAM 403.11-7(A)  (U) Cancellation of Visas by Immigration Officers Under 22 CFR 41.122(e)

(CT:VISA-1275;   05-10-2021)

a. (U)When a visa is canceled by a DHS officer, one of the following notations will normally be entered in the individual’s passport:

(1)  (U) Canceled.  Adjusted;

(2)  (U) Canceled.  Excluded. DHS (Office) (Date);

(3)  (U) Canceled.  Application withdrawn. DHS (Office) (Date);

(4)  (U) Canceled.  Final order of deportation/voluntary departure entered DHS (Office) (Date) Canceled.  Departure required.  DHS (Office) (Date);

(5)  (U) Canceled.  Waiver revoked. DHS (Office) (Date); and

(6)  (U) Canceled.  Presented by impostor.  DHS (Office) (Date).

b. (U) Except when a visa is canceled after the individual’s status has been adjusted to that of a permanent resident, DHS will directly inform the consular office which issued the visa of the cancellation action.  Form I-275, Withdrawal of Application/Consular Notification, will be used to inform consular officers at the issuing office of the cancellation action.  Form I-275 and any other attached forms should not be released to individuals or their representatives.

9 FAM 403.11-7(B)  (U) Voidance of Counterfeit Visas

(CT:VISA-1275;   05-10-2021)

(U) When DHS has determined through examination that a visa has been altered or is counterfeit, it will void the visa by entering one of the following notations on the visa page, together with the action officer’s signature, title, and office location:

(1)  (U) Counterfeit visa per testimony of individual (file number); or

(2)  (U) Counterfeit visa per telecon, letter, e-mail from U.S. Embassy (U.S. Consul).

Sours: https://fam.state.gov/fam/09FAM/09FAM040311.html
What Happens When Visa is Revoked

A consular officer is authorized to revoke a nonimmigrant visa at any time, in his or her discretion. A revoked visa is no longer valid for entry or reentry to the United States. This authority is sourced in statute, regulation, and policy.

The Immigration and Nationality Act at INA 221(i); 8 USC 1201(i) provides:

(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 (including review pursuant to section 2241 of title 28 or any other habeas corpus provision, and sections 1361 and 1651 of such title) of a revocation under this subsection, except in the context of a removal proceeding if such revocation provides the sole ground for removal under section 1227(a)(1)(B) of this title.

For nonimmigrant visa revocation, Department of State implementing regulations at 22 CFR 41.122(a) state:

(a) Grounds for revocation by consular officers. A consular officer, the Secretary, or a Department official to whom the Secretary has delegated this authority is authorized to revoke a nonimmigrant visa at any time, in his or her discretion.

Similar grounds for revoking an immigrant visa are established by 22 CFR 42.82.

The Department of State's Foreign Affairs Manual also gives consular officers guidance on visa revocation policy and practice, at 9 FAM 403.11.

Provisional visa revocations

Department of State regulations also give consular officers or the Secretary of State the authority to provisionally revoke a nonimmigrant visa, "while considering information related to whether a visa holder is eligible for the visa." A provisional revocation has the same effect as a regular revocation.

22 CFR 41.122(b) provides:

(b) Provisional revocation.

(1) General. A provisional revocation is subject to reversal through internal procedures established by the Department of State. Upon reversal of the revocation, the visa immediately resumes the validity provided for on its face. Provisional revocation shall have the same force and effect as any other visa revocation under INA 221(i), unless and until the revocation has been reversed. Neither the provisional revocation of a visa nor the reversal of a provisional revocation limits, in any way, the revocation authority provided for under INA 221(i), with respect to the particular visa or any other visa.

(2) Pending visa eligibility determination. A consular officer, the Secretary, or any Department official to whom the Secretary has delegated this authority may provisionally revoke a nonimmigrant visa while considering information related to whether a visa holder is eligible for the visa.

(3) Automatic provisional revocation based on failure to comply with all EVUS requirements. Visas held by individuals subject to the Electronic Visa Update System (EVUS) who have not complied with the conditions described in 8 CFR 215.24 or whose notification of compliance has expired or been rescinded are automatically provisionally revoked and are no longer valid for travel to the United States, without further notice to the visa holder. The automatic provisional revocation pursuant to this paragraph (b)(3) shall be automatically reversed upon compliance with EVUS requirements set out at 8 CFR part 215, subpart B, as confirmed by receipt of a notification of compliance. A visa revoked on grounds other than failure to comply with EVUS shall remain revoked, notwithstanding compliance with EVUS.

Similar grounds for provisionally revoking an immigrant visa are established by 22 CFR 42.82.

The Foreign Affairs Manual at 9 FAM 403.11-5(B) also speaks of prudential revocations, which appear to be based on the "provisional revocation" language of the regulation, but allow DOS to prudentially revoke a visa on the basis of a possible ground of inadmissibility. The prudential revocation authority in the FAM is often used to revoke visas after an alcohol-related arrest or conviction (see 9 FAM 403.11-5(B)(c) - - Prudential visa revocation for DUI arrests or convictions).

Notification of visa revocations

Both the individual whose visa has been revoked as well as airlines might be notified by DOS that a visa has been revoked.

DOS regulations at 22 CFR 41.122(c) provide that DOS should notify the alien whose visa is revoked or provisionally revoked, "if practicable."

(c) Notice of revocation. Unless otherwise instructed by the Department, a consular officer shall, if practicable, notify the alien to whom the visa was issued that the visa was revoked or provisionally revoked. Regardless of delivery of such notice, 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. This paragraph (c) does not apply to provisional revocations under paragraph (b)(3) of this section.

If the visa is available to the consular officer, the officer is also instructed to physically cancel the visa by writing or stamping the word "REVOKED" plainly across the face of the visa. The revocation of the visa in the CLASS system controls, however, regardless of whether the visa is actually physically canceled. 22 CFR 41.122(d)

Before 2020, the Foreign Affairs Manual contained a "Sample Letter of Notification of Revocation to Airline" and a "Sample Certificate of Revocation" that were useful to review. They are no longer available in the FAM. For archive purposes, those models from a prior revision to the FAM read:

9 FAM 403.11-4(A)(2) (U) Sample Letter of Notification of Revocation to Airline and Certificate of Revocation

(CT: VISA-50; 02-22-2016)

a. (U) Sample Letter of Notification to Airline:

(1) Sample Text:

(Embassy or Consulate Letterhead)

(Date)

Dear Sir / Madam / Company:

Pursuant to the authority contained in Department of State regulations 22 CFR 41.122, this letter serves as official notification by the United States Embassy / Consulate in (post) that the nonimmigrant visa of the below named individual has been revoked, and is no longer valid for application for entry into the United States.

  • Name of visa holder

  • Date and place of birth

  • Visa classification (symbol)

  • Date and place of visa issuance

  • Other pertinent information

The Embassy/Consulate has informed/attempted to inform the visa holder of this revocation, and has instructed the bearer to surrender the visa to this office for physical cancellation. However, the visa holder may not comply with this request, and attempt to travel on the appearance that the visa is still valid. If the holder should attempt to travel after your receipt of this notice, and your company permits the holder to embark in spite of this notification, your company may be liable to a fine of up to $1,000.00 for having transported to the United States a person who is not in possession of a valid visa.

If the above individual contacts your company, I request that you direct him/her to contact the US Embassy/Consulate as soon as possible. I greatly appreciate your attention to this matter.

Sincerely,

[Name]

b. (U) Certificate of Revocation:

(1) Sample Text:

Certificate of Revocation

This is to certify that I, the undersigned Deputy Assistant Secretary of State for Visa Services, acting pursuant to the authority conferred on the Secretary of State by section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), which has been delegated to the Assistant Secretary of State for Consular Affairs and to me by Delegation of Authority no. 367 and Redelegation of Authority no. 367-1, hereby revoke any and all visas issued to (applicant, date and place of birth), including but not limited to the (classification of) nonimmigrant visa issued at the Embassy of the United States in (post) on (date).

This action is based on the fact that subsequent to visa issuance, evidence came to light that the alien may be inadmissible to the United States and ineligible for visa issuance pursuant to Section (…) of the Immigration and Nationality Act.

This revocation shall become effective immediately on the date on which this certificate is signed unless the alien is present in the United States at that time, in which case it will become effective immediately upon the alien’s departure from the United States.

Date

Deputy Assistant Secretary For Visa Services

Impact of visa revocation while someone is in the United States

Remember that a visa and immigration status are two separate things. For example, under 22 CFR 41.112(a), "The period of [visa] validity has no relation to the period of time the immigration authorities at a port of entry may authorize the alien to stay in the United States." But what happens to the immigration status of someone whose visa was revoked while they are in the United States?

Here comes the tricky part. We will provide some material here that nonimmigrants should discuss with an immigration lawyer if they are concerned. INA 237(a)(1)(B); 8 USC 1227(a)(1)(B), provides:

"Any alien who is present in the United States in violation of this chapter or any other law of the United States, or whose nonimmigrant visa (or other documentation authorizing admission into the United States as a nonimmigrant) has been revoked under section 221(i), is deportable."

Does that mean that someone whose visa is revoked while they are in the United States is always removable because of the visa revocation alone? The answer is not always clear. There is some support for the contention that a provisional visa revocation might not, in itself, render a nonimmigrant removable, as there can be a difference between when a visa is revoked and when the revocation becomes effective for a specific individual. The sample "certificate of revocation" reproduced above, for example, closed with the statement:

"This revocation shall become effective immediately on the date on which this certificate is signed unless the alien is present in the United States at that time, in which case it will become effective immediately upon the alien’s departure from the United States."

A visa revocation would also render that visa unusable for purposes of the "automatic extension of visa validity" benefit of 22 CFR 41.112(d) after travel of less than 30 days to contiguous territory, since that benefit technically extends an expired visa (or changes and extends a prior visa if the individual would like to reenter after a change of status). Since a revoked visa is not extendable, it cannot serve as the basis for automatic revalidation.

Nonimmigrants in the United States who are concerned about the impact of a visa revocation on their immigration status, or who have had an immigration benefit denied solely on the basis of a visa revocation, should discuss their situation with an immigration lawyer. In any case, individuals whose visas have been revoked while they are in the United States should always make sure to maintain all the terms and conditions of their valid nonimmigrant status during their stay.

Reinstatement of revoked visas

Just as the Department of State has the authority to revoke a visa, it also has the authority to reinstate a visa that it has revoked. The Foreign Affairs Manual gives the following guidance to consular officers on visa reinstatement following revocation.

9 FAM 403.11-6(A) - Reinstatement Following Revocation

NAFSA note: the introductory language in the current version of this FAM entry is listed as Unavailable to the public. Here is the introductory language prior to the 4/24/2020 revision to his provision, for reference purposes: [If a visa has been revoked and you subsequently determine that the reason for revocation has been overcome and the alien is no longer ineligible, and that the visa has not been physically cancelled, then the visa should be reinstated in accordance with the appropriate procedure as indicated below, and, in all applicable cases, the procedures listed below should be taken promptly. Posts should submit CLOK removal requests for any revocation-related entries (or contact the Department for entries with DPT refusal sites), and contact the CA Service Desk for removal of the red REVOKED banner from any applicable NIV records.]

(1) (U) If Visa Has Been Revoked But No Further Action Taken: If the visa has not been physically canceled, and if notices of revocation have not been sent, a brief summary of the pertinent facts is to be entered into the case notes in CCD indicating that the revocation was withdrawn. Posts should submit CLOK removal requests for any revocation-related entries and contact the CA Service Desk for removal of the red REVOKED banner in the CCD (or contact if the revocation was processed by the Department)

(2) (U) If Visa Has Been Revoked and Physically Canceled: If a visa has been revoked and the revoked visa physically canceled, the alien may apply for a new visa; however, they may not travel on the physically cancelled visa.

(3) (U) If at Stopover Location Revocation Appears Overcome: Upon interviewing the alien, should the stopover post conclude that the basis for revocation has been overcome, the alien is no longer ineligible, and the visa has not been physically cancelled, reinstatement of the visa in accordance with 9 FAM 403.11-6(A) above may be warranted.  The stopover post should inform the revoking post in detail of its findings, addressing an info copy to the Department (CA/VO/SAC).  Such a report could form the basis for reinstatement of the visa initiated by the revoking post or the stopover post, provided that it had the concurrence of the revoking post.  If posts have a difference of opinion, the case should be submitted to the Department (CA/VO/L/A for non-security related revocations or CA/VO/SAC for security, foreign policy, or human rights related revocations) for determination.  Should a determination to reinstate the visa be made, the revoking post, which may be presumed to hold the bulk of pertinent data on the case, would have the responsibility to take the reinstatement actions described above, and update and revise entries in CLASS.

Seeking legal counsel

Visa revocations, reinstatements, and waivers are complicated and case-specific. Individuals should get advice from an experienced immigration lawyer if they need legal advice about their visa status and their eligibility for admission to the United States.

Sours: https://www.nafsa.org/professional-resources/browse-by-interest/visa-revocation-basics

Or us revoked cancelled visa

Visa Revocation

It is not unusual for a consular officer to issue a visa, and after new information comes to light, to call the visa holder back to the consulate to revoke the visa. There are three primary situations when a visa can be revoked:

  1. if the holder is inadmissible to the United States on security, criminal, medical, financial or other grounds;
  2. if the holder of a nonimmigrant visa is not entitled to the visa because he does not meet the criteria for the visa category (Section 214(b)); or
  3. if a potential reason for inadmissibility or ineligibility, usually involving law enforcement, is suspected (“prudential revocation”).

The decision to revoke a visa can originate from the State Department in Washington, D.C. or with the consular officer at a consulate.

Thousands of visas are revoked every year. Undoubtedly, the government is becoming much more proactive, intensifying its use of the visa revocation process. “Prudential revocation” of visas, in particular, is becoming more and more frequent.

Revocation Process

Before revoking the visa, the consular officer usually is obliged to invite the visa holder to the consulate for an interview and give him a chance to show why the visa should not be revoked. The reality is that usually this revocation is just a formality; the decision was predetermined before the person visits the consulate. When revoking the visa, the officer will write by hand or stamp the word Cancelled or Revoked; notify — or should notify — the person on what legal grounds the visa was revoked; make an entry into the visa system; and complete a Certificate of Revocation of Visa. If the visa holder cannot be found, the officer will notify airlines of the revocation. If the person is already en route to the United States, he will be detained and have his visa revoked at the port of entry.

Visa revocations while a person is in the United States are becoming more and more prevalent. For example, this may happen if the visa holder was involved in a criminal incident while in the United States. According to the Department of State, it will not analyze whether the incident in question is sufficient to serve as a basis for a visa denial or finding of inadmissibility; it will make the decision to revoke the visa and allow the applicant to “make his case” for a new visa after he submits a new DS-160 visa application and appears at a subsequent interview with a consular officer. Thus, even a minor incident such as disorderly conduct or a criminal case in which the charges were dropped will not impact the DOS decision to revoke the visa. Once the State Department is notified of this incident by law enforcement — and this can be in a matter of days after the incident — a consular officer will send an e-mail or try to call the applicant to advise him that his visa has been revoked. Nevertheless, it is important to note that usually this revocation does not impact his status in the United States — he does not need to depart immediately. In such cases only if an immigration judge makes a decision to remove would his lawful status be terminated. However, attempts to change, extend, or adjust status in the United States might be denied by USCIS because of the revocation, leading to unlawful status.

Specific Reasons for Visa Revocation

Besides criminal incidents, the source of the negative information leading to the revocation can vary — from a jilted American (e.g., accusing his desired spouse of being a spy), a competitor (e.g., alleging that the visa holder owes money), a disgruntled ex-spouse (e.g., saying that he owes child support), a former business partner (e.g., contending that he is involved in drugs), or a debtor in the United States who wants to cut off access to US courts (e.g., notifying the consulate that he believes that the holder plans to remain in the US illegally on his nonimmigrant visa). Obviously, the motives of these individuals may not be legitimate. Sometimes, the accusations alone, even if true, may not be legal grounds for revocation of the visa. But too often, the consular officer will err on the side of caution or take the word of an American party on its face in revoking a visa.

Sometimes, the consular officer will take the initiative and research the visa usage of a holder. If the officer finds anything questionable in the usage, he will call the holder to the consulate and confront her with the negative information. For example, if an individual applies for a visa and indicates he plans to visit the US with another person who already has a visa, the officer may investigate that individual’s usage of the visa. If the visa holder spent prolonged time in the US, leading to consular suspicion of illegal work or residing in the US, he may be called in for an interview. If the holder does not convince the officer of the legitimate usage of the visa, the officer will revoke the visa.

Other revocations are more common. A person denied an immigrant visa may have his nonimmigrant visa cancelled because she is considered a potential immigrant. A refused student visa applicant may have his visitor visa annulled because he expressed an intention to study in the US, an intention inconsistent with a visitor visa. A child’s visa may be revoked if a parent’s visa is revoked. A spouse’s visa may be revoked if her husband is spending “too much time” in the US as a tourist, in the opinion of the consular officer. Customs and Border Protection officials often revoke visas because of a misrepresentation or because it is the “wrong” visa (e.g., a visitor’s visa instead of an employment visa). CBP has access to information included in visa application forms and can easily find discrepancies in indicated intentions and actual plans.

Policy changes at a consular post or sheer politics can also lead to visa revocations — sometimes en masse. Officials or businessmen connected with an unfriendly government can have their visas revoked. Family members or individuals associated with an alleged criminal — even if deceased — may also encounter visa denials and revocations. The Trump Administration’s “Muslim Ban” led to more than 60,000 visa revocations alone.

Our blog on the Top 12 Reasons for Visa Revocation

How Can W&A Help?

If your visa has been revoked and you believe that it was done without valid cause, you should aggressively challenge the decision. A visa revocation is a serious matter, which can implicate a permanent bar from the United States or many years of an inability to receive a visa. If you are in the US in lawful employment status and your visa has been revoked, your family members’ ability to obtain visas may be adversely impacted. These cases can be very complicated.

While there is a legal mechanism available, called visa reinstatement, to “reactivate” a visa, the consular officer will usually advise the person to just reapply for a new visa. This requires a new application and payment of a new fee. We can assist you in preparing your request for a new visa and ensure that proper consideration and review is undertaken by the consular officer. Sometimes, a case for receiving a new visa is straightforward; for example dismissed charges alone cannot serve as the basis for a denial of a visa. However, a consular officer might invoke 214(b) against visitors and students in such situations. Other cases are much more complicated. If you are in the United States, we can consult you on the best course of action. Please contact us to discuss your situation in more detail.

Sours: https://visarefusal.com/revocation/visa_revocation/
My Visa Got Revoked

22 CFR § 41.122 - Revocation of visas.

§ 41.122 Revocation of visas.

(a)Grounds for revocation by consular officers. A consular officer, the Secretary, or a Department official to whom the Secretary has delegated this authority is authorized to revoke a nonimmigrant visa at any time, in his or her discretion.

(b)Provisional revocation -

(1)General. A provisional revocation is subject to reversal through internal procedures established by the Department of State. Upon reversal of the revocation, the visa immediately resumes the validity provided for on its face. Provisional revocation shall have the same force and effect as any other visa revocation under INA 221(i), unless and until the revocation has been reversed. Neither the provisional revocation of a visa nor the reversal of a provisional revocation limits, in any way, the revocation authority provided for under INA 221(i), with respect to the particular visa or any other visa.

(2)Pending visa eligibility determination. A consular officer, the Secretary, or any Department official to whom the Secretary has delegated this authority may provisionally revoke a nonimmigrant visa while considering information related to whether a visa holder is eligible for the visa.

(3)Automatic provisional revocation based on failure to comply with all EVUS requirements. Visas held by individuals subject to the Electronic Visa Update System (EVUS) who have not complied with the conditions described in 8 CFR 215.24 or whose notification of compliance has expired or been rescinded are automatically provisionally revoked and are no longer valid for travel to the United States, without further notice to the visa holder. The automatic provisional revocation pursuant to this paragraph (b)(3) shall be automatically reversed upon compliance with EVUS requirements set out at 8 CFR part 215, subpart B, as confirmed by receipt of a notification of compliance. A visa revoked on grounds other than failure to comply with EVUS shall remain revoked, notwithstanding compliance with EVUS.

(c)Notice of revocation. Unless otherwise instructed by the Department, a consular officer shall, if practicable, notify the alien to whom the visa was issued that the visa was revoked or provisionally revoked. Regardless of delivery of such notice, 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. This paragraph (c) does not apply to provisional revocations under paragraph (b)(3) of this section.

(d)Procedure for physically canceling visas. Except for provisional revocations pursuant to paragraph (b)(3) of this section, a nonimmigrant visa that is revoked shall be canceled by writing or stamping the word “REVOKED” plainly across the face of the visa, if the visa is available to the consular officer. The failure or inability to physically cancel the visa does not affect the validity of the revocation.

(e)Revocation of visa by immigration officer. An immigration officer is authorized to revoke a valid visa by physically canceling it in accordance with the procedure described in paragraph (d) of this section if:

(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 under INA 236, as in effect prior to April 1, 1997, or removed from the United States pursuant to INA 235;

(3) The alien is notified pursuant to INA 235 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 alien has been permitted by DHS to depart voluntarily from the United States;

(6)DHS has revoked a waiver of inadmissibility granted pursuant to INA 212(d)(3)(A) in relation to the visa that was issued to the alien;

(7) 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;

(8) The visa has been physically removed from the passport in which it was issued; or

(9) The visa has been issued in a combined Mexican or Canadian B-1/B-2 visa and border crossing identification card, and the immigration officer makes the determination specified in § 41.32(c) with respect to the alien's Mexican citizenship and/or residence or the determination specified in § 41.33(b) with respect to the alien's status as a permanent resident of Canada.

[76 FR 23479, Apr. 27, 2011, as amended at 81 FR 72523, Oct. 20, 2016]

Sours: https://www.law.cornell.edu/cfr/text/22/41.122

Now discussing:

Your visa can be cancelled or revoked at any time, for a number of reasons. Here are the most common.

Before coming to the United States, most people from other countries must first obtain a visa. A nonimmigrant visa is used for temporary stays to visit, study, or work. An immigrant visa is the one used to enter the United States after approval for permanent residence (a "green card").

Violation of Visa Terms

All U.S. visas are issued on the condition that the holder abide by their terms. For example, the visa holder must not engage in activities outside of those permitted (tourists may not work in the U.S., for instance), and the person must leave the United States within the time required.

If you don't comply with the terms of the visa, it may be cancelled at any time, whether before, during, or after your stay in the United States.

Sometimes a visa is cancelled before a person's trip because the U.S. government obtains evidence that the person planned to use the visa for a different purpose than was intended; for example, to stay in the U.S. permanently instead of making a short visit. Or a visa might be revoked when a person goes to a U.S. consulate to apply for a new visa, and the officer discovers that the person misused the old visa.

Sometimes, however, visa cancellation is simply an administrative matter—for example, the consular officer needs to cancel an old visa before authorizing a new one.

Visa Cancellation for Overstays

A common reason for visa revocation is that the holder stayed in the United States longer than was allowed. Visitors to the United States are often confused by this issue, thinking they're allowed to stay in the U.S. until the expiration date on the visa. But that date is only the last date upon which the person can use the visa as a U.S. entry document.

The date by which you must actually leave the United States is shown on your Form I-94 Arrival/Departure Record. If you stay even one day past that date, without having applied for an extension or change of status, your visa is said to automatically cancel.

Consequences of Visa Cancellation

If your U.S. visa is cancelled, you will either need to leave the United States immediately or, if you're in another country, delay your travel plans until you have successfully applied for a new U.S. visa. Depending on the reasons for the visa cancellation, however, you could be refused additional entry visas.

When to See a Lawyer

If your visa has been revoked, or you believe you might be at risk of an overstay or visa cancellation, contact an experienced U.S. immigration attorney. Your lawyer can help you evaluate your situation, perhaps take steps to find out why your visa was canceled, and help make sure that the next time you apply to come to the US, you have the best possible chance of success.

See our section on hiring an immigration lawyer for more information about the cost and benefits you can expect from an attorney.

Sours: https://www.alllaw.com/articles/nolo/us-immigration/when-why-visa-would-be-cancelled.html


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