Jan 17, 2016 News
ImmigrationINFO – Immigration News For Our Community …
Many foreigners are surprised when the U.S. Embassy cancels or revokes a previously issued B-1/B-2 tourist visa that has not expired. A denial of an application for a B-1/B-2 tourist visa or a cancellation of a previously issued B-1/B-2 tourist visa cannot be appealed. In my immigration law practice, I have seen B-1/B-2 tourist visas cancelled under the following scenarios:
Family Immigration Petition (I-130) Filed for the Visa Holder: One of the requirements that must be met in order for a B-1/B-2 tourist visa to be issued is that the applicant must show no intent to live in the United States. However, if a B-1/B-2 tourist visa is issued and after issuance of the tourist visa, a family immigration petition (Form I-130) is filed for the visa holder, then the B-1/B-2 tourist visa can be cancelled by the U.S. Embassy or U.S. immigration officials upon entry into the U.S.
Commonly, we see the U.S. Embassy cancel or fail to renew B-1/B-2 tourist visas if they become aware of a pending family immigration petition (Form I-130) filed for the visa holder. Also, in limited situations, we see U.S. immigration officials at the border cancel B-1/B-2 visas presented to them for entry into the U.S. if they become aware of a pending family immigration petition (Form I-130) filed for the visa holder.
Employment with a B-1/B-2 Tourist Visa: Another requirement that must be met in order for a B-1/B-2 tourist visa to be issued is that the applicant must only have intentions to visit the United States and not work in the United States. A B-1/B-2 tourist visa only allows the holder of the visa to visit the United States and NOT work in the United States. If the U.S. Embassy or U.S. immigration officials get information that the B-1/B-2 visa holder is working in the U.S. then the B-1/B-2 tourist visa will be cancelled or revoked.
False Statements Made to Obtain a B-1/B-2 Tourist Visa: An application must be completed to apply for a B-1/B-2 tourist visa. If any false statements are made on that application or any false documents are provided with the application to seek a B-1/B-2 tourist visa, then the B-1/B-2 tourist visa may be cancelled or revoked by the U.S. Embassy or U.S. immigration officials.
U.S. Citizen Child – Anchor Child – Born to a B-1/B-2 Tourist Visa Holder: Recently, I had a client call me stating he was called into the U.S. Embassy and his B-1/B-2 tourist visa was cancelled because his wife recently went to the U.S. and had a baby born in the United States. Although he had a business in Guyana and no intent to move or live in the United States, his B-1/B-2 tourist visa was cancelled. The grounds for such cancellation may have been the fact that the visa holder now has a U.S. citizen immediate relative (child born in the U.S.) and eventually that child (when it reaches age 21) can file a family immigration petition for the visa holder.
Security Risk: Lastly, is the U.S. Embassy or U.S. immigration officials gather information that a B-1/B-2 visa holder is a security risk to the United States, such as a possible terrorist, then the B-1/B-2 visa can be cancelled or revoked.
As stated earlier, the cancellation or revocation of a visa cannot be appealed to any U.S. government agency or court. Any non-immigrant visa, such as a B-1/B-2 tourist visa, is issued at the discretion of an officer and no individual has a “right” to the non-immigrant visa.
For more information, contact Gail Law Firm:
Email: [email protected]
Phone: 1-877-GAIL-LAW or 407-292-7730
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