REVOCATION OF VISA:
Revocation means that your visa is invalid and one cannot make use of it to re-enter. As per the will of the government, the U.S Visa can be revoked, however, it is revoked on various grounds. A revoked visa is more serious than a cancelled visa and neither the visa cancellation indicates that a person is being accused of doing anything wrong. For instance, visa fraudulently issued, B1/B2 cancellations, suspected status violation, suspected immigrant intent. However, a visa may also be cancelled, if any evidence discovers that the visa holder may make use of it for a cause, unlike the one mentioned in terms and conditions of the visa. Moreover, a visa can be revoked if an individual applies for a fresh one and evidence shows that the previous one was used fraudulently. It is noteworthy that approximately 122,000 visas were revoked in the U.S from 2001 to 2015.
B1/B2 CANCELLATIONS:
The U.S. Immigration and Nationality Act deals out with Visa Revocation & Cancellation at INA 221(i); 8 USC 1201(i). B1/B2 visas can be cancelled. The B1/B2 cancellation reasons are numerous. It can be cancelled when the consulate is doubtful regarding your U.S trip. It mostly happens when the consulate finds out some suspicious information concerning you or your trip. For instance, at the time of the visa interview, you put forward that you are planning to visit the US for two weeks. However, you spend some months in the country after entering. This will give ground to the consulate to cancel your visa.
Reasons of cancellation :
1. Overstays Cancellation: A Usual Ground
Even if you have stayed one day after the permitted departure date written on your visa, your visa will be automatically cancelled. Moreover, you will not be able to apply for a new visa at any consulate outside of your home country. If you file for the extension of your visa before the departure date then you can stay in the US and your overstays will not count against you. In case of your denial of visa extension, you are supposed to leave the US before the departure date.
2. Cancellation Without Prejudice
It is not usual for a U.S visa to be cancelled on slight and minor mistakes in paperwork. The U.S consulate or embassy will stamp on the visa as "Cancelled without prejudice". Cancelled Without Prejudice means that the faults must be correct before the visa's approval. The part that maintains "without prejudice" interprets as the cancellation does not result in one's ability or eligibility to secure the immigration benefit.
3. Visa Holder's Ineligibility
When the visa holder is inadmissible to the U.S or the visa holder is ineligible for that concerned visa type, the visa can be revoked on various grounds. For instance, criminal, financial, medical, among others. According to the Department of Homeland Security, the rate of overstays for international tourists and business travellers was only 0.9 per cent in 2015 or about 416,000 out of about 45 million. If you infer that your visa has been canceled or revoked without any legal ground, you should fight against that verdict aggressively. In some situations, a visa revocation can turn out visa holders being restrained for years - seldom permanently from the United States. Along with that, the ability of one's family members to obtain visas could be at stake.
4. Cancellations At Various Stages
a. The Visa cancellation by the embassy is being widely practised during COVID-19. So, what to do after your visa cancellation? You would be either required to leave the United States without delay or if you are in some other country, then you have to hold up your travel plans till you eventually apply for a new U.S visa successfully. Relying on the grounds for the visa cancellation, however, you could be denied additional entry visas.
b. The visa cancellation at the airport is practised by an agent of U.S Customs and Border Protection (CBP) or by US Citizenship and Immigration Services (USCIS) after the adjustment of status. But is the US visa cancellation banned for 10 years? So, in 1996, the 3-year and 10-year bans were introduced as a part of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA). The Immigration and Nationality Act (INA) USA section 212 bans re-entry of immigrants who attend unlawful presence in the United States.
c. The visa cancellation after deportation is a question that is usually raised when one is deported from the U.S. Following that, he is ineligible to apply for adjustment of status, immigrant visa, nonimmigrant visa, or another admission to the United States without coming across some legal limitations. In some cases, the person must revolve around a set amount of time, for instance, 5,10 or 20 years, before applying for re-entry.
Solution:
The law sanctions the eligible person to go after a visa restoration after revocation. Other people may move forward and apply for a fresh visa. In most cases, the waiver and inadmissibility must be applied in connection with the new visa application or reinstatement petition.
All of this drives the question "Can I apply again after USA visa cancellation"? A revoked visa is invalid for entering again into the US. It is not usual for a consular officer to accept a visa, and when new information turns up to revoke that visa. Moreover, as the government can cancel or revoke the visa, it can reinstate or issue a new one. Your visa can be withdrawn to U.S visa reinstatement. After finding the new information or post-interview with a consular office, the officer might direct to apply for a fresh new visa.
What to do after deporting from the U.S? A request to reentry form I-212 may be filed with U.S. Citizenship and Immigration Services (USCIS), it must include supporting documents and fees, an alien may seek US government's person to apply for entry before the needed waiting time to conclude. To apply for a waiver of reasons of inadmissibility, replying on the grounds for removal, one would submit form I-601. It is required to erase the reasons for removal.
ASSISTANCE FROM LAWYER:
Clearly, these revocation, reinstatements, deportations and waivers include various complications. They cannot be dealt out without reaching out to an experienced US Visa cancellation lawyer who is an expert in immigration law. The one who can take you out of the dark and put in the light. We understand that it may be difficult for varying applicants to decide what information and/or documents of theirs can best present their circumstances as advised above and therefore the qualified, experienced and dedicated lawyers of M.I.S-Legal are well available for guidance and assistance in this regard. We welcome applicants to reach us on our UAN 0304 111 0786 with their questions or cases to seek help with their visa applications.
Immigration News
