When the visa of an American-British financier turned human rights activist was revoked recently, it sparked outrage amongst both left and right wing media pundits. The news was also received with strong bipartisan criticism from Capitol Hill. This is largely because the visa was revoked for no apparent reason. The government later reversed the decision, stating that the revocation was an unfortunate administrative mistake.
Similar controversy has followed the Trump administration’s efforts to limit legal (as well as illegal) immigration.
While all the noise about the revocation of Bill Browder’s visa died down within 24 hours, it raised an important question. On what grounds can the US government choose to revoke a visa that has already been given to an individual?
Issuing of Visas
There are two main types of visas issued by the U.S., i.e.
- Immigrant visas – These are visas that are issued to immigrants who have been given legal permanent residence status in the US. There were more than 600,000 such visas issued in 2016.
- Nonimmigrant visas – These are visas that are issued to non-US citizens for temporary entry and stay in the country. These may include employees, visitors and students. Ten million such visas were issued in 2016.
The type of visa you hold will determine what you are permitted to do while in the US. Each visa restricts the level of activity of the visa holder. For example, a person with a tourist visa cannot work while in the US.
Revoking of Visas
A visa can be revoked when the visa holder is outside the US. This may be done through a consular officer. When this occurs, the visa holder will not be able to enter the US. Revocation may be done on criminal, financial, security or other such grounds. Over 122,000 visas were revoked in the period between 2001 and 2015.
Your visa may also be revoked while you are in the US. This has become even more common in the past few years. This often occurs as a result of involvement of the visa holder in criminal activity although the Trump administration has begun to stretch the bounds of this rule.
What To Do
It is important to realize that revoking of a visa is serious. It can result in the visa holder being barred from re-entry for several years. If you are in the US when your visa is revoked, it is important to seek the assistance of an immigration lawyer. Your attorney will provide you with advice on what to do about your visa status. Your attorney will also help you understand the reasons behind the revocation of your visa and can help you get your visa reinstated.
