Guide On The United States’ Visa Revocation Process

Before entering the United States from another country, most people need to obtain a visa. A non-immigrant visa is used for a short-term stay in the United States to visit, study, or work. An immigrant visa is used after you have been approved for a long-term stay in the United States.

Revocation of a US visa is one of the biggest issues people face after getting a visa. It can be a frightening and life-changing experience. The US government can revoke your visa if it believes you have violated its terms.

Some of the most common reasons for visa revocation include criminal convictions, overstaying in the US, and fraudulent applications and information. Visa revocation can have serious consequences, such as expulsion and barring you from re-entering the US for an extended period.

In the ever-changing landscape of US immigration law, visa revocation is one of the most significant issues that can affect your status. It can disrupt your immediate plans and have long-term consequences such as removal from the United States and a ban on re-entry into the country.

Understanding the importance of this issue and how to address it early on can make all the difference in your immigration future. We have seen a huge increase in visa revocations over the last few years. Our office receives calls daily from people who have lost their visas. We thought this was a good time to provide a guide on how the US visa revocation process works.

Overview of visa revocation

Visa revocation is revoking a previously issued US visa for a specific reason – usually because the holder has violated certain conditions. It is important to note that this can happen either while you are in the United States or in a foreign country. There are many reasons for visa revocation, ranging from simply misusing your visa to more serious issues like a criminal charge.

The process of visa revocation follows a similar pattern. A consular officer will review the circumstances that led to your visa being considered for revocation. If your visa is being revoked, you will be notified through a Notice of Intent to Revoke (NOIR).

Common reasons for visa revocation

1. Failure to comply with visa conditions.

Every US visa is issued on the understanding that the visa holder will comply with the terms and conditions of the visa under the law. For example, the visa holder must not engage in activities prohibited in the United States (e.g., tourists cannot work there). The visa holder must also leave the United States as soon as possible.

If the visa holder does not meet the terms of the visa, it can be revoked at any time before, during, or after it is valid. A visa can be revoked before a person’s trip has begun because the United States government has evidence that the visa holder intended to use the visa differently than it was intended to be used (e.g., permanently instead of for a short visit).

A visa revocation can also occur when a person visits a US consulate to request a new visa and the officer discovers that the individual misused the previous visa. In some cases, visa revocations are administrative, such as when an old visa must be revoked before authorizing a new one.

2. Staying longer than the visa time granted.

One of the most common reasons for visa revocation is staying beyond the time granted to your visa. Many visitors to the US are confused about this issue. They believe that they are allowed to remain in the US until the date of the visa’s expiry. However, that date is the last date the individual can continue using the visa as an entry document into the United States.

You must leave the US by the date indicated on your form I-94. If you remain more than one day after that date without filing an extension or changing your status, your visa will be revoked automatically.

3. Involvement in a crime.

Involvement in a crime may result in visa revocation. These crimes include shoplifting, drug possession, domestic violence, alcohol selling, and more. Even if the charges have been dropped or the crime is not enough to prove inadmissibility, you can still have your visa revoked.

In most cases, the law enforcement agency sends the request to revoke your visa to the Department of State (DOS). Within 24 hours of the request, DOS will take the necessary action to revoke your visa.

4. Incorrect information.

The consul checks the visa application form after the visa has been issued. The visa can be revoked if the consul can’t verify the information on the visa application form (e.g., the employer’s phone number, address, etc.).

This happens when the visa application form is filled in by a third party (e.g., a travel agent, consultant, etc.) on the client’s behalf. This can be done negligently or intentionally. Aside from these, fraud and security concerns can also be strong reasons for a US visa revocation.

Risk of a US visa revocation

If your visa is revoked, you will either have to leave the US immediately or, if you are in another country, put your travel plans on hold until you can apply for a new visa. However, additional entry visas may be denied depending on the grounds for the revocation.

If your visa is revoked, you will no longer be allowed to work in the United States. You will no longer be able to benefit from the privileges granted under your visa, like work authorization. You will have to stop working immediately and leave the United States unless you can get an alternative status to stay legally.

You will be required to disclose the revocation in all future US visa applications. The effects of a revoked visa can also extend to your US employer. US immigration officials may scrutinize your employer regarding your other non-resident employees and immigration applications.

Notice of intention to revoke (NOIR)

The USCIS issues a NOIR to inform an applicant or US visa holder that the USCIS intends to revoke a previously approved petition. NOIRs can be issued for any visa after a petition has been approved. Receiving a no-cause NOIR can be a stressful experience for an applicant.

Not only does the NOIR provide an alarming indication of USCIS’s assessment of the applicant’s case, but it is usually followed by a lengthy wait for the USCIS to issue a final decision. Following a DHS work-site visit, a NOIR can be issued for H-1B and L-1 visas.

A DHS work-site visit is used to verify an employee’s immigration status, whether all compliance conditions have been met, and whether the employer’s obligations have been fulfilled. If issues are identified during these visits, they can lead to the revocation of the visa on either a “mandatory” or “non-mandatory” basis.

Reasons for revocation can include gross error on DHS’s part for a prior visa, false information in the petition (whether fraudulent or otherwise), or if there has been a change of eligibility (e.g., employment). A NOIR is also issued if the Department of Labor intends to revoke the labor condition application.

What to do after receiving a NOIR?

The NOIR will include a lot of information you must read carefully to decide what to do next. But first, check that the notice is addressed to the right visa holder. Then, check the time limit to respond. Generally, you will have 30 days to file a response before your visa is revoked. That is insufficient time to gather your response and all the needed evidence.

It is important to act quickly. Early professional advice can help you understand all your options. The notice will include the grounds for the decision, which should fall under section 205 of the Immigration and Nationality Act: misrepresentation, ineligibility, discovery of derogatory information, and more.

Take a look at the specific grounds alleged. The answer will have to address each ground. If you don’t address any of the grounds, revocation will follow. So, it is important to gather as much evidence, documentation, and affidavits as possible promptly to rebut the allegations made in the NOIR.

For instance, if you are filing a petition supporting a family-related visa and the NOIR casts doubt on the veracity of that relationship, you will need more proof than you already have. If factual inaccuracies exist in the grounds for revocation, you may need to file an amended petition.

Depending on your situation, you may want to file a new petition and address the issues with your previous one. This will mean you will have to pay processing fees again, and you will need to prepare yourself for additional scrutiny after previous application issues.

Because each case is unique and based on facts, it is a good idea to seek professional advice on your options to respond effectively in the time available.

What follows a response to a NOIR?

Due to the lack of guidance on processing times for NOIR responses under US immigration rules, petitioners will likely experience a long wait for a response. Once a response is received, the USCIS will conduct further inquiries based on the new information received to make a final determination. It may take up to one year for a final decision to be issued.

If the USCIS decides to favor the petitioner, the petition will be sent back to the appropriate consulate. The petitioner will be subject to further consular processing, but the applicant can rest assured that USCIS won’t revoke the petition for the same reasons a second time.

What do you do if your response does not succeed?

If your visa is revoked, you need to know what legal remedies are available. The most common legal remedy in such cases is called declaratory relief. Declaratory relief is a ruling by a court that establishes the rights of the parties involved in the case. Declaratory relief aims to resolve the dispute to avoid further dispute or damage.

In most cases, you should begin with declaratory relief actions. The goal is to get the court to recognize the illegality of your visa revocation. The burden of proof lies with the petitioner to prove that the revocation was unjustified. If the decision to revoke the visa is confirmed, you can file a motion for reconsideration.

The term “motion to reconsider” sounds simple, but you request that the decision-maker review the decision in light of a factual, legal, or significant aspect overlooked in the original decision. Remember that a motion for reconsideration must be supported by substantial evidence and a well-argued legal argument.

It is also important to file the motion within a certain time frame after making the judgment. Therefore, it is essential to act quickly if you intend to file this motion.

Get help!

At Gehi and Associates, we have learned much from the thousands of visa revocation cases we have handled over the past several years. We have learned that many visa revocations occur due to a misunderstanding, a human mistake, or a change in a person’s circumstances.

However, if left unresolved, these situations can result in serious consequences such as expulsion or being barred from re-entering the United States. Our experience has highlighted the importance of taking prompt and appropriate steps when faced with visa revocation issues. Contact us today to get the help you need!