Revocation of a Visa

Consular Officers have absolute discretion not only in whether to approve a Temporary Visa Application where the Applicant is eligible and not inadmissible to the United States, but also with regard to revocation of a visa previously approved. The Consular Officer and/or designated State Department officials may furthermore provisionally revoke a visa while in the process of considering a final revocation of the visa. There is no Appeal to the Consular Officer’s Decision to revoke a visa nor is there any discretion for reconsidering the revocation of a visa, however, as in the case of any visa denial base on considerations of eligibility, a new visa application can be submitted for consideration at which time the Applicant’s eligibility for the visa will be adjudicated.

Where possible, the Consular Officer will notify the alien that his or her visa has been revoked or has been revoked provisionally pending further consideration. Never-the-less once an alien is deemed ineligible for the visa the visa will be revoked and registered in the system – whether or not the visa was physically presented to the Consul. However, when presented the visa will be stamped “revoked”.

The revocation of a visa is registered in a system and airline carriers are thus advised of visa revocations. The airlines will not board a traveler to the United States who is not in possession of a U.S. Passport or a Visa unless the visitor has presented a valid Passport from a country eligible for the Visa Waiver Program, and an appoved ESTA.

Generally speaking, the conditions under which a Temporary Visa may be revoked include instances where an immigrant visa or adjustment of status has been granted, an alien has been excluded or ordered removed from the U.S. or when the alien has been granted voluntary departure at a port of entry.

Overstaying an entry permit will also be grounds for revocation of a visa as well as any other action taken by the alien in contradiction of the terms of the visa or entry permit.

Visa Applicants and Recipients would be well-advised to strictly adhere to the terms of their visa – since once revoked, practically speaking; there is little likelihood of getting another. An alien who proves himself or herself no longer credible with regard to non-immigrant intent or who has attempted and/or succeeded in obtaining a visa by fraud or misrepresentation will have a heavy burden when trying to prove eligibility for a visa on a future application. In the latter case, the visa applicant may be deemed permanently ineligible or inadmissible to the United States without first obtaining a Waiver – which in of itself is a difficult process.

Misrepresentation, if not willful, can possibly be corrected by applying for a new visa, paying a new fee, and advising the Consul at the time of the interview of a previous error on an Application form (for instance, in the event that the form was filled out by someone other than Applicant and an error was made, or if the Applicant “misunderstood” a question and only learned later of the error). However, once a benefit has been obtained as a result of the misrepresentation (if the Applicant entered the United States on a Visa obtained as a result of misrepresentation) it is possible that the Visa Applicant will find himself/herself permanently ineligible for a visa in the future or eligible only upon obtaining a Waiver under certain narrow circumstances.

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