Visa Revocation – A consular officer may revoke a nonimmigrant visa at any time, for any reason, under their discretion. The visa revocation may have a serious impact on individuals who are currently in the United States and their ability to stay in the country. This blog entry will try to explain some reasons for why revocation might occur, and how a revocation takes place.
When Can a Visa be Revoked?
There are some common situations where a visa can be revoked by a consular officer:
- The visa holder is inadmissible to the United States;
- The holder of a nonimmigrant visa does not meet the criteria for the visa;
- The consular officer identifies a potential reason for inadmissibility or ineligibility.
What is Prudential Revocation?
Under INA 212(a), a consular officer can only revoke a visa if an individual is ineligible under the statute, or if they are no longer entitled to their visa classification; however, a visa may be revoked for any reason under the discretion of a consular officer. This is known as prudential revocation.
How Do I Know if My Visa has Been Revoked?
Under 22 CFR 41.122(c), a consular officer should notify the individual whose visa was revoked if practicable. Under CFR 41.122(d), a nonimmigrant visa which has been revoked is cancelled in a writing or by stamping the word “revoked” plainly across the face of the visa, if the visa is available to the consular officer.
What this means is that a visa holder who has had their visa revoked may not always know that it has been revoked. So, what happens when someone’s visa is revoked while they are present in the United States and they do not know about the visa revocation? How does this impact their stay in the United States?
This is a complicated area of immigration law and if you have had a visa revoked, it is important to consult with an immigration lawyer to seek advice on your visa status. The attorneys at Gilles Law, PLLC are here to assist with your immigration inquiries.
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