Unfortunately in recent years, there has been an increase in foreign nationals having their non-immigrant visas cancelled or revoked, either at the Port of Entry in the US or in their home country. In many cases, visa holders only become aware that their visas have been cancelled or revoked when they are denied entry to the US, at the Port of Entry.
Why Might A Non-Immigrant Visa Be Cancelled or Revoked?
There are multiple grounds upon which a non-immigrant visa may be cancelled or revoked, including, inter alia:
- Section 214(b) of the Immigration and Nationality Act (INA), where the non-immigrant visa holder is deemed to have “immigrant intent”. Such a finding may be made, for example, upon secondary inspection at the Port of Entry.
- Section 212 of the INA, where the visa holder is determined to be inadmissible to the US for, inter alia, any of the following reasons and has not been granted a waiver of inadmissibility:
- Individuals who have committed a crime involving moral turpitude
- Individuals who have committed crimes involving controlled substances.
- Individuals who have been found to have committed a wilful misrepresentation in their communication with US immigration authorities (for example, making representations which have subsequently been discovered to have been untrue or presenting forged documents)
- Individuals who have previously overstayed (subject to the circumstances of the overstay)
- Individuals with communicable disease of public health significance
Such a finding may be made at the Port of Entry or based on information which is received by the Department of State/Department of Homeland Security between visa issuance and travel to the US.
“What Should I Do If I Discover My Non-Immigrant Visa Has Been Revoked or Cancelled?”
If your non-immigrant visa has been revoked or cancelled or you have previously been denied entry to the US, we would recommend that you seek legal advice from a licensed US immigration attorney prior to filing any further application for a non-immigrant visa. It is imperative to ensure that your non-immigrant visa application is carefully prepared, well-timed and strongly drafted.
What Is A Waiver Of Inadmissibility And How Do I Obtain One?
If a visa applicant is potentially inadmissible to the US (for example, on the basis that they have committed a crime involving moral turpitude) the first step is to seek legal advice, in order to ascertain if there are any legal arguments which can be advanced to contend that the applicant in question should not be found inadmissible to the US.
If the visa applicant is inadmissible to the US, the visa applicant in question will need to apply for a waiver of inadmissibility. It is important to ensure that the application is well-judged and meticulously drafted, in order to maximize prospects of success.
Generally, the Consular Officer will advise the visa applicant at the end of the non-immigrant visa interview if they will recommend the applicant for a waiver of inadmissibility (absent exceptional circumstances). If recommended, the visa applicant’s case file will be sent to the Admissibility Review Office in the US, where a determination will be made on whether to grant or deny the recommendation for a waiver. It is generally recommended that non-immigrant visa applicants allow at least 6 months for an adjudication to be made by the Admissibility Review Office.
Davies Legal Immigration
At Davies Legal Immigration, we provide advice and representation in connection with all immigrant and non-immigrant visa categories, including cases in which a waiver of inadmissibility is sought and cases in which there have been previous visa denials. We pride ourselves on providing the highest standards of client care and undertake to keep you informed. Call now for a complimentary telephone call with a licensed US immigration attorney and free, no obligation price quotation.
