A spouse’s visa may be revoked if her husband is spending “too much time” in the US as a tourist, in the opinion of the consular
Consul
A consul is an official representative of the government of one state in the territory of another, normally acting to assist and protect the citizens of the consul's own country, and to facilitate trade and friendship between the people of the two countries.
What happens when a US visa is revoked?
Regardless of delivery of such notice, once the revocation has been entered into the Department's Consular Lookout and Support System (CLASS), the visa is no longer to be considered valid for travel to the United States. The date of the revocation shall be indicated in CLASS and on any notice sent to the alien to whom the visa was issued.
Can a US visa be revoked for a child?
A child’s visa may be revoked if a parent’s visa is revoked. A spouse’s visa may be revoked if her husband is spending “too much time” in the US as a tourist, in the opinion of the consular officer.
Can a permanent visa be revoked for a de facto partner?
If you have been granted a permanent visa, either as a married spouse or a de facto partner, your chances of being able to stay in the country are promising. Permanent means permanent, usually. If the Immigration Department determines that there was never a bona fide domestic relationship, however, even a permanent visa may be revoked.
Can a visa be revoked after a DUI arrest?
The prudential revocation authority in the FAM is often used to revoke visas after an alcohol-related arrest or conviction (see 9 FAM 403.11-5 (B) (c) - - Prudential visa revocation for DUI arrests or convictions ). Both the individual whose visa has been revoked as well as airlines might be notified by DOS that a visa has been revoked.
Can spouse visa be revoked in UK?
If the foreign spouse/ partner is served with deportation following a criminal conviction or is removed administratively, any leave to remain as a spouse/ partner, even indefinite leave, can be revoked by the UK government.
Can you revoke your spouse green card?
You may apply to remove the conditions on your green card if you entered your marriage in good faith, meaning the marriage was not fraudulent. The U.S. Citizenship and Immigration Services (USCIS) states the four situations regarding a spouse in which you may apply to have the conditions on a 2-year green card removed.
How do you get someone's visa revoked?
A visa can be revoked if the visa holder is deemed inadmissible to the U.S. on security, criminal, medical, financial, or other grounds, or if the visa holder is ineligible for that particular visa category.
Can I get my visa back after being revoked?
The law allows eligible persons to seek a visa reinstatement following revocation. Others may apply for a new visa. In many cases, a waiver of inadmissibility must be applied for in conjunction with the reinstatement petition or new visa application.
Can I lose my green card if I divorce?
The vast majority of green card holders are mostly unaffected by a divorce. If you are already a lawful permanent resident with a 10-year green card, renewing a green card after divorce is uneventful. You file Form I-90, Application to Replace Permanent Resident Card, to renew or replace the green card.
Can I deport my husband from USA?
Can you be deported if you are married to an American citizen? The answer is yes, you can. About 10% of all the people who get deported from the U.S. every year are lawful permanent residents. You can actually be deported for several reasons.
How do you know if my visa is revoked?
To check on the status of your U.S. Visa application: United States: Contact the National Visa Center (NVC) at 1-603-334-0700 for immigrant visas. For nonimmigrant visas, call 1-603-334-0888. Or use the Consular Electronic Application Center (CEAC).
What is the difference between revoked and Cancelled visa?
Or, a visa might be revoked when a person goes to a U.S. consulate to apply for a new visa, and the officer discovers that the person misused the old visa. Sometimes, however, visa cancellation is simply an administrative matter—for example, the consular officer needs to cancel an old visa before authorizing a new one.
What is the meaning of revoked visa?
A consular officer is authorized to revoke a nonimmigrant visa at any time, in his or her discretion. A revoked visa is no longer valid for entry or reentry to the United States. This authority is sourced in statute, regulation, and policy.
Can immigration cancel my visa?
In some circumstances, you can ask us to cancel your visa. Cancelling visas is at the discretion of the Department. If we cancel your visa, we may also cancel the visas held by any of your family members. Your employer, a sponsor or family member cannot cancel your visa.
What is revocation notice sent?
A Notice of Intent to Revoke letter is sent by USCIS to the petitioner of a previously approved visa petition, stating that USCIS plans to revoke it, due to the discovery of new, derogatory information.
Can you cancel someone's green card?
You can easily cancel the green card of a spouse before it is approved by reversing the I-130 with a signed, notarized letter. If the green card has been approved, then the petitioner must contact the National Visa Center.
Who can revoke a green card?
Most people who are losing their residence do so for one of three reasons: fraud, crimes, or abandonment. If You Commit Fraud When Applying for Your Green Card: If you lie, or intentionally omit material facts or commit any fraud while applying, the government may revoke your green card.
Will my husband get deported if I divorce him?
Being married to a US citizen does not automatically provide an undocumented immigrant with legal status, and filing for divorce does not prompt deportation proceedings. Although the divorce court is not permitted to contact US Immigration and Customs Enforcement (ICE), others may do so.
How long do you have to stay married green card?
Because marriage is a relatively easy route to permanent residence, USCIS grants conditional permanent residence for two years. After two years, you will need to file Form I-751 to remove the conditions of residence and to get a permanent green card.
Why is my spouse's visa revoked?
A spouse’s visa may be revoked if her husband is spending “too much time” in the US as a tourist, in the opinion of the consular officer. Customs and Border Protection officials often revoke visas because of a misrepresentation or because it is the “wrong” visa (e.g., a visitor’s visa instead of an employment visa).
Why is my visa revoked?
A refused student visa applicant may have his visitor visa annulled because he expressed an intention to study in the US, an intention inconsistent with a visitor visa. A child’s visa may be revoked if a parent’s visa is revoked. A spouse’s visa may be revoked if her husband is spending “too much time” in the US as a tourist, in the opinion of the consular officer . Customs and Border Protection officials often revoke visas because of a misrepresentation or because it is the “wrong” visa (e.g., a visitor’s visa instead of an employment visa). CBP has access to information included in visa application forms and can easily find discrepancies in indicated intentions and actual plans.
How to revoke a visa?
When revoking the visa, the officer will write by hand or stamp the word Cancelled or Revoked; notify — or should notify — the person on what legal grounds the visa was revoked; make an entry into the visa system; and complete a Certificate of Revocation of Visa. If the visa holder cannot be found, the officer will notify airlines of the revocation. If the person is already en route to the United States, he will be detained and have his visa revoked at the port of entry.
How to reinstate a visa?
While there is a legal mechanism available, called visa reinstatement, to “reactivate” a visa, the consular officer will usually advise the person to just reapply for a new visa. This requires a new application and payment of a new fee. We can assist you in preparing your request for a new visa and ensure that proper consideration and review is undertaken by the consular officer. Sometimes, a case for receiving a new visa is straightforward; for example dismissed charges alone cannot serve as the basis for a denial of a visa. However, a consular officer might invoke 214 (b) against visitors and students in such situations. Other cases are much more complicated. If you are in the United States, we can consult you on the best course of action. Please contact us to discuss your situation in more detail.
Where does a revoked visa come from?
The decision to revoke a visa can originate from the State Department in Washington, D.C. or with the consular officer at a consulate.
Can CBP find discrepancies in visa applications?
CBP has access to information included in visa application forms and can easily find discrepancies in indicated intentions and actual plans. Policy changes at a consular post or sheer politics can also lead to visa revocations — sometimes en masse.
Can a businessman get a visa revoked?
Officials or businessmen connected with an unfriendly government can have their visas revoked. Family members or individuals associated with an alleged criminal — even if deceased — may also encounter visa denials and revocations. The Trump Administration’s “Muslim Ban” led to more than 60,000 visa revocations alone.
Can I get same sex visa as opposite sex spouse?
Same-sex spouses of U.S. citizens and Lawful Permanent Residents (LPRs), along with their minor children, are now eligible for the same immigration benefits as opposite-sex spouses. Consular officers at U.S. Embassies and Consulates will adjudicate their immigrant visa applications upon receipt of an approved I-130 or I-140 petition from USCIS. ...
Can a spouse get a K-3 visa?
Nonimmigrant visa for spouse (K-3) - It is important to note that application for the nonimmigrant visa for spouse (K-3) who married a U.S. citizen must be filed and the visa must be issued in the country where the marriage took place. After the visa process has been completed, and the visa is issued, the spouse can travel to the United States to wait for the processing of the immigrant visa case. Two petitions are required: Petition for Alien Relative, Form I-130, and Petition for Alien Fiancé (e), Form I-129F. Learn more.
Who can revoke a nonimmigrant visa?
A consular officer, the Secretary, or any Department official to whom the Secretary has delegated this authority may provisionally revoke a nonimmigrant visa while considering information related to whether a visa holder is eligible for the visa.
What is the DOS regulation for revoked visa?
DOS regulations at 22 CFR 41.122 (c) provide that DOS should notify the alien whose visa is revoked or provisionally revoked, "if practicable."
Can a nonimmigrant visa be revoked?
Department of State regulations also give consular officers or the Secretary of State the authority to provisionally revoke a nonimmigrant visa, "while considering information related to whether a visa holder is eligible for the visa." A provisional revocation has the same effect as a regular revocation.
Does the Department of State have the authority to revoke a visa?
Just as the Department of State has the authority to revoke a visa, it also has the authority to reinstate a visa that it has revoked. The Foreign Affairs Manual gives the following guidance to consular officers on visa reinstatement following revocation.
Is a visa a separate thing?
Remember that a visa and immigration status are two separate things . For example, under 22 CFR 41.112 (a), "The period of [visa] validity has no relation to the period of time the immigration authorities at a port of entry may authorize the alien to stay in the United States." But what happens to the immigration status of someone whose visa was revoked while they are in the United States?
Can a revoked visa be extended?
Since a revoked visa is not extendable, it cannot serve as the basis for automatic revalidation.
What happens if you get a permanent visa?
If you have been granted a permanent visa, either as a married spouse or a de facto partner, your chances of being able to stay in the country are promising. Permanent means permanent, usually. If the Immigration Department determines that there was never a bona fide domestic relationship, however, ...
How long does it take to get a visa?
The entire process, with waiting times included, may take from three to four years. A lot can happen in a relationship during that time.
What to do if your relationship ends?
There are also two things you must do right away. First, you must notify the Department of Immigration and Border Protection that your relationship has ended. Second, you should get legal help from an immigration lawyer.
Do you have to stay in an abusive situation to protect your immigration status?
No one is required to stay in an abusive situation to protect their immigration status. A migrant on a temporary or partner visa has the same rights under the Family Law Act 1975 as an Australian citizen.
2 attorney answers
The H4 visa was granted to the dependent spouse to enable her to join the principal spouse in the U.S. This is not a traditional petitioner/beneficiary situation where withdrawal/revocation is possible. However, you do not lose anything in contacting the U.S.
Ajay Kumar Arora
The trouble is that the H4 is her petition, not yours. You can notify them that you don't want to sponsor her and they might notify CBP not to admit her. No harm trying.
Why is my visa revoked?
A failed nonimmigrant visa application of a family member . This is another reason why a visa may be revoked. For example, a visa holder wishes to travel to the US with her minor son, and applies for a visa for her son. The consul then denies the visa for the son, and suspecting that the holder does not plan to return to the home country, cancels the valid visa.
What can trigger a visa revocation?
Arrest. An arrest for a variety of crimes can trigger visa revocation: a DUI, shoplifting, drug possession, domestic violence, selling alcohol to a minor. This is true even if the charges are dismissed, or the underlying crime in and of itself is not an adequate basis to find a person inadmissible. Often the revocation request is sent out by the corresponding law enforcement agency to the Department of State, and within 24 hours, DOS will take action to revoke the visa.
What happens if you are denied an immigrant visa?
A denied immigrant visa application. A refusal of an immigrant visa may lead to the cancellation of a valid nonimmigrant visa. For example, a Diversity Lottery winner who is denied for not properly filling in the entry may have his B visa cancelled because the intent to immigrate is inconsistent with the terms of a B visa.
What happens if a visa is inaccurate?
Inaccurate information in a visa application. After the issuance of the visa, the consul verifies information in the application form. If she is unable to verify that information – for example, the phone number or address listed for the employer is inaccurate – then the visa may be revoked. We see this happen when a third party, such as a travel agent or consultant, negligently (or deliberately inaccurately) fills in a visa application form on behalf of the client.
What is a spouse in the US?
A family member in the US engaging in suspicious conduct. A spouse in the home country may be answerable with a visa revocation because her husband is spending an inordinate amount of time in the US in visitor status.
Can a US embassy employee get a visa revoked?
Other circumstances. For example, a local employee of the US embassy who resigns from his position may have his visa revoked. As you can see, the reasons for the revocation of a visa vary greatly. But just because a visa has been revoked, does not mean that it is impossible to obtain a new visa.
Can a consul revocation be done after a visa?
Conduct after receipt of the visa but before traveling to the US. For example, applying for a visitor visa, receiving it, and then posting a resume on an American recruiting website seeking a job is grounds for revocation. (Yes, consuls and their staff do such investigations.)
What happens when a visa is cancelled?
When a visa is canceled, the visa holder must leave the U.S. at once – or delay his or her plans to enter the U.S. – until that person has applied for and been approved for a new visa.
Why is my visa canceled?
A visa might be canceled because of a minor paperwork mistake, for example, but that merely means that the mistake must be corrected before the visa can be approved.
How many nonimmigrant visas were issued in 2016?
According to CNN, in the fiscal year 2016, the United States issued more than ten million nonimmigrant visas and over 600,000 immigrant visas. Every visa spells out the activities that are, and are not, permitted to the visa holder. For example, someone who holds a B-2 tourist visa cannot work or accept employment in the United States.
What does the expiration date on a visa mean?
Instead, that date indicates the last date that the visa can be used as a document for entry into the U.S. It’s a significant difference and often the source of confusion.
What are the two types of visas?
The United States issues two types of visas: Nonimmigrant visa – issued to those who have been approved for temporary stays in the United States as visitors, students, or employees. Immigrant visa – issued to immigrants who have been approved for lawful permanent residence in the U.S.
Can a revoked visa be re-entry?
A revoked visa is no longer valid for entry or reentry into the United States. It is not uncommon for a consular officer to approve a visa, and after new information emerges, to revoke that same visa. A visa can be revoked if the visa holder is deemed inadmissible to the U.S. on security, criminal, medical, financial, or other grounds, ...
Can a US visa be revoked?
If you hold a U.S. visa, you should be aware that your visa can be revoked or canceled at any time and for a variety of reasons. In this blog we review what impact a revoked visa or a canceled visa has on your immigration status, and how a Dublin immigration attorney can help.
