A GUIDED TOUR THROUGH THE VISA REVOCATION PROCESS IN THE UNITED STATES

 

Introduction

Most people require a visa to enter the United States from a foreign country. If you are coming for a visit, study, or temporary work, you would apply for a non-immigrant visa. On the other hand, an immigrant visa is for those who are approved to stay long-term in the US.

Having your US visa revoked is one of the biggest headaches people can face after getting their visa. It is really scary and life-changing. The US government can take away your visa if they think you have broken the rules. Common reasons for revocation include criminal convictions, overstaying your visa, and providing false information on your application. It is serious when one loses their visa; that can lead to deportation, with a ban from the country for an extended period.

Given the constant change in US immigration laws, the revocation of a visa is something serious that might totally mess up one's status. It will completely knock your plans off-kilter, at least for now, and could have longer-lasting repercussions such as being removed from the US and not allowed to return. Understanding the seriousness of the issue and knowing how to deal with it in the early stages could help avoid such consequences of immigration. In this regard, an immigration lawyer in Dallas can guide you.

We have noticed that in recent years, the rate of visa revocation has grown. Each day, many people call us about how they have lost their visas. Therefore, we decided to write a post regarding how US visa revocation works.

What is visa revocation?

Visa revocation is the process where an already issued US visa is canceled for a certain reason. This is usually because of specific misbehavior by the visa holder. It doesn't matter whether you are already in the US or you are still abroad. Hiring an immigration lawyer in Dallas can make the process less scary.

The reasons a visa can be revoked run the gamut from minor misuse of a visa to criminal charges. Generally, the procedural process of revocation goes in the same manner or along similar lines. In the beginning, a consular officer shall investigate the underlying circumstance prompting the possible revocation of your visa. Should your visa be under notice of revocation, you are entitled to receive a Notice of Intent to Revoke (NOIR). Contact an immigration lawyer in Dallas immediately if you receive a NOIR.

Reasons for cancellation of a visa

  1. Failure to adhere to the rules.

All US visas have an expected observance of rules by an individual. For example, tourists are not supposed to seek employment in the US and also need to depart as early as possible. If he fails to follow the rules of a tourist, then their visa may be revoked anytime, either prior to, during or after the expiration date. To avoid this, an immigration lawyer in Dallas can tell you more about your visa rules.

The government can even cancel a visa before the trip starts if they think the person plans to use it differently than intended (like wanting to stay permanently instead of just visiting). A visa can also be revoked if a person goes to a US consulate to apply for a new visa and it is discovered they misused their previous one. Sometimes, it is just a formality, such as having to cancel an old visa before issuing a new one.

  1. Overstay beyond authorized stay.

One of the most common causes for visa revocation is overstay. Many people misunderstand this and think they can stay in the US until their visa expires. However, that expiration date is just the last day they can use the visa to enter the US.

You must depart by the date indicated on your form I-94. If you remain in the country for even one day beyond your approved stay without having first applied to extend your stay or adjust your status, your visa is automatically canceled. You can get your immigration lawyer in Dallas to seek for visa extension to avoid this.

  1. Committing a crime.

Being involved in criminal activity can also result in the cancellation of your visa. This includes but is not restricted to shoplifting, being in possession of drugs, domestic violence, sale of alcohol, and so on. They might also lose their visa even when charges are dropped, or when the crime is not serious enough to prove that the individual shouldn't be allowed in. Usually, law enforcement requests the DOS to revoke the visa, and they act accordingly within 24 hours of it. If you fall into this group, get an immigration lawyer in Dallas quickly to protect your interest.

  1. Submission of false information.

After a visa has been issued, the application form is scrutinized by the consul. In case any of the information provided is not verifiable -- for example, a missing employer's phone number or place of residence -- a visa can be revoked. This normally happens in cases where a travel agent or consultant prepared someone else's application, either mistakenly or on purpose. Apart from the cases mentioned above, any fraud and/or security issues may also become grounds for cancellation of the issued visa. That is why it is a smart move to have an immigration lawyer in Dallas review your visa application before submission.

Problems that come with visa revocation

If your US visa gets revoked, it can lead to some serious problems, like having to leave the country right away or delaying your travel plans until you can apply for a new visa. The reasons for the revocation might also mean you could get denied for other entry visas in the future. Once a visa is revoked, you can’t work in the US anymore, and you might have to mention it in any future visa applications.

When is a NOIR issued?

The USCIS sends out a Notice of Intention to Revoke (NOIR) to let someone know they plan to take back a visa that was previously approved. They can issue NOIRs for any type of visa at any time after petition approval. Usually, NOIRs come up for H1-B and L-1 visas after a visit to the workplace by DHS. If any problems pop up during these visits, it could lead to the visa being revoked, either because it has to be or just because they decide to do so. Common reasons for revocation include mistakes made by DHS on a past visa, false info in the application, or changes in eligibility, like a job situation.

What to do after getting a NOIR

Once you get a NOIR, it is super important to act fast and get professional help from an immigration lawyer in Dallas to figure out your options. The notice will list why they are thinking of revoking your visa, which falls under section 205 of the Immigration and Nationality Act. This can include things like misrepresentation, ineligibility, or finding negative info about you. It is really important to tackle each of these points, as not doing so could lead to the visa being revoked. You will want to gather as much evidence, documents, and support statements as you can quickly to counter the claims in the NOIR.

For example, if you are applying for a family-related visa and the NOIR questions the legitimacy of that relationship, you will need to provide more proof than what you have already got. If there are mistakes in the reasons for revocation, you might have to submit an updated petition.

Depending on your situation, it might be best to file a whole new petition that addresses the problems with the old one. Just keep in mind that you will have to pay the processing fees again and be ready for extra scrutiny because of past issues. Since every case is different and based on specific facts, getting professional advice on your options is a smart move so you can respond effectively within the given time frame.

Get help!

From all the visa revocation cases we have been dealing with for years, we at Gehi and Associates have learned a great deal. We found out that a lot of visa revocations occur as a result of misunderstandings, human errors, or changes in one's situation. If left unattended, these could result in very serious problems like deportation or denial of entry to the US. Our experience shows just how vital it is to act rapidly and appropriately in cases concerning visa revocation issues. Contact us today for the support you need!


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