WHAT CAN I DO IF MY UNITED STATES VISA WAS CANCELLED OR REVOKED?

What can I do if my United States visa was cancelled or revoked?

In this article our attorneys answer this common question. Each day, countless individuals face the unexpected and distressing news that their United States visa has been cancelled. This can be a highly stressful experience, made even more challenging by the lack of detailed information often provided about the reason for the cancellation and the steps to resolve it.

Here are three steps that you can take if your United States visa has been cancelled or revoked:

Step 1: Understand the Reason for Cancellation

One of the first and most crucial steps is to request the specific section of the Immigration and Nationality Act (INA) under which your visa was cancelled. Any time a visa is cancelled, the U.S. government must cite the INA section that led to the cancellation. These sections (codes or numbers) outline different grounds for cancellation. For instance:

• Section 214(b): May indicate concerns about your intent to overstay your visa or work in the U.S. without proper authorization.

• Section 212(a)(2): Often related to suspicions of criminal activity.

• Section 212(a)(2)(c): Related to drug trafficking.

• Section 212(a)(6)(c): Issues related to dishonesty or immigration fraud

• Section 212(a)(7): Suspicion that the person was working or living in the U.S. with you having the authorization to do so.

There are many more sections that can be used to cancel or revoke a visa. Knowing the applicable INA section can help you understand the potential reason for the cancellation and guide your next steps.

Step 2: Is there an Alien file?

Once you have identified the denial code, you can seek additional information about your case. Some individuals may already know the reason for the cancellation (such as a prior arrest, conviction or deportation) while others might be completely unaware.

In such cases, filing Freedom of Information Act (FOIA) requests can be a helpful way to uncover more information about your visa cancellation. Federal agencies may have files related to the cancellation of your visa.

Use the FOIA correctly

Many people come to our firm after filing a FOIA request on their own or through other attorneys. Unfortunately, many of those requests were too superficial or submitted incorrectly, resulting in no useful information. For this reason, it is important to work with attorneys, like us, who have significant experience handling FOIA requests.

Step 3: Explore Your Options

After reviewing any information obtained, you should work with a skilled attorney to decide on the best course of action. Depending on the situation, your options may include:

• Reapplying for a Visa: You may be able to reapply and provide additional evidence or explanation to address the previous issue.

• Requesting a Waiver: A waiver is essentially a request for forgiveness, allowing you to ask the United States government to approve your visa despite the grounds for the earlier cancellation.

• Requesting Reconsideration: If your visa was canceled by Customs and Border Protection (CBP), and the officer misunderstood your case, you may be able to file a motion for reconsideration.

• Contacting the State Department or the Department of Homeland Security: Depending on the grounds for the cancellation of your visa, are those agencies have offices, such as DHS Trip, which can be of assistance.

Determining the right path requires a thorough understanding of United States immigration laws and the specific circumstances of your case.

How We Can Help You

Navigating visa cancellations and reapplications can be complex. The laws are intricate and subject to frequent changes, making it essential to seek guidance from a qualified immigration attorney.

Our licensed attorneys have great experience in United States visa and immigration services. Our experienced attorneys can provide personalized assistance.

Contact Us

For more detailed information and to schedule a consultation, please contact us.