Finding out your visa has been revoked can be very alarming and raise many important questions. The next steps will depend on whether you are currently in the U.S. or not. Below we have described what visa revocation is, and possible options if your visa has been revoked.
What is visa revocation?
Visa revocation refers to the process of a U.S. Consulate revoking a previously granted visa. Visas may be revoked for any of the following reasons:
- The visa holder is not eligible for the visa classification;
- The visa has been physically removed from the passport it was issued in; or
- The visa holder has been flagged in the automated biometric identification system (IDENT) for an arrest or conviction of driving under the influence, driving while intoxicated, or similar arrests/convictions (DUI) that occurred within the previous five years.
What should I do if my visa is revoked while I am in the US?
If you are physically in the U.S. with a valid I-94, your visa revocation does not cancel your status and you are not accruing unlawful presence. You are permitted to remain in the U.S. and continue working if your I-94 status is valid and allows for work authorization. However, you may technically become deportable once the visa is revoked, so it is a good idea to try to find out why the visa was revoked and make plans to depart the U.S. and reapply for a new visa at the Consulate.
What should I do if my visa is revoked and I am outside the US?
If your visa is revoked and you are outside the U.S., you will not be able to use the revoked visa to re-enter the U.S. You should contact the Consulate to try to determine the reason for revocation if you are unsure of why the visa was revoked. If you want to re-enter the U.S., you will need to reapply for a visa at the Consulate. If the revocation was due to a DUI, you will likely need to undergo an assessment by a panel physician before a new visa can be approved.
If your visa is revoked, it is a good idea to contact an immigration attorney to discuss next steps. If the reason for revocation is unclear you should review your entire immigration history and make sure your prior visa applications provided accurate information. At Scott Legal P.C., we have helped many clients navigate unexpected visa revocations. If your visa has been revoked and you need support and guidance on your options and next steps, schedule a consultation with our dedicated legal team.
