5 major reasons why a visa can be cancelled by Department of State
Recently, many clients have contacted our office regarding receiving an email from the US Consulate regarding revocation of their previously approved US visa. Most of them had a valid F-1 visa and had entered the United States and are maintaining F-1 status and complying with rules regarding visa status. Understandably, the revocation email has caused much anxiety regarding whether continuing to remain in the United States would be lawful and the exact reason for why their visa was unilaterally revoked by the US Consulate. We are outlining below 5 reasons why a person's visa can be cancelled.
Reason one: The visa applicant has been arrested by police for suspicion of committing a crime.
Several cases of visa revocation involves arrest information being transmitted to Department of State, which causes the visa to be revoked. US consulate can revoke a visa due to criminal arrest even when there is no conviction. Police departments in the United States can share arrest records with international databases, which can be communicated to Department of State for visa revocation for those who are remaining in the United States. The rationale behind this type of revocation is that the Department of State does not wish foreigners who have been arrested in the United States to be able to travel freely in and out of the United States due to security concerns. US consulate will reconsider issuing a new visa to foreigners with arrest records in the United States after reviewing the circumstances under which the foreign national was arrested. Therefore, a new visa appointment will be required if the foreign national with arrest records depart the United States after visa revocation. In case of an injury caused to you or by you you need to learn more from this article on getting legal help.
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On receiving the ticket, the first thing you must do is check if the ticket issued to you is a criminal traffic ticket. If the ticket has a court date and time mentioned at the bottom and also a box checked which states 'Criminal Violation Court Appearance Required', it is likely to be a criminal citation ticket. Not all citations with court date are criminal. An attorney is the best person who can identify the criminal traffic ticket and help you with the traffic ticket defense.
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By taking suitable steps for traffic ticket defense, you can avoid having a bad driving record and losing the right to drive. First of all, check the back of the ticket. The ticket has the options to resolve the problem printed on the back. Contact traffic and accident attorneys. Traffic and accident attorneys and lawyers in Florida can guide you with how to proceed when you receive a traffic ticket.
Reason two: The visa applicant has been convicted of a crime, or receives a misdemeanor ticket for DUI without an arrest
A few clients visa was revoked by Department of State because they were cited for misdemeanor traffic violation, such as DUI or reckless driving. Some police department will send the conviction documents or information to certain international databases. Department of State typically would receive the negative information from the databases and locate the visa file of those individuals who have been convicted of crimes in the United States. The rationale behind this type of revocation is that the Department of State does not wish foreigners who have been convicted of crimes in the United States to be able to travel freely without consequences as it may present security concerns. US consulate will reconsider issuing a new visa to foreigners with criminal conviction as long as those convictions do not render them inadmissible under the law. Therefore, a new visa appointment will be required if the foreign national with arrest records depart the United States after visa revocation. The experienced Manassas DUI Attorney fight for justice on your behalf.
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Reason three: The visa applicant has engaged in questionable behavior while attending F-1 school(s).
This reason has been prevalent in recent years because many international students have paid to enroll in schools that were scams. These schools issues Form I-20 but do not require classroom attendance at all, thereby allowing international student to violate their status by not going to classes. Most of these international students pretend to go to school but are actually working unlawfully on the side. ICE in recent years have been cracking down on these educational institutions that issue I-20 and collect fees from international students but not offering any teaching or classes. Once these schools are shut down, their student list will be analyzed and participants' information will be sent to Department of State to terminate their visa. These international students will then be required to explain their arrangement with these scam schools before they can get another F-1 visa. Some of them are required to submit waiver for their misrepresenting their activities in the United States.
Reason four: The visa applicant has engaged in questionable employment during OPT or STEM OPT
This reason has been the number one growing reason for visa cancellation because desperate OPT students have now been signing onto unscrupulous consultancies or staffing agencies to keep their OPT status. Initial OPT only allows 90 days of unemployment and STEM OPT 150 days of unemployment days. In an effort to prevent themselves from using unemployment days, they pay consultancies or staffing agencies to "provide training" and keep them on payroll. These employments are generally unpaid and no substantial work was ever assigned to the OPT students. What makes this type of arrangement extremely risky is that the consultancy or staffing agency get greedy and sign up hundreds if not thousands of OPT students for profit. These type of operation will undoubtedly attract attention from ICE as it would be unreasonable for any business to suddenly hire hundreds or thousands of students on OPT. Once these employers are shut down by ICE, their employee list will be analyzed and forward to US consulate for visa revocation.
Reason 5: The discovery of prior inconsistent information provided by the visa applicant
Many visa applicants have been instructed by visa consultants to conceal or flat out lie on their visa application to get visa approval. Although these applicants may sneak by and receive their visa, after the inconsistent information is discovered by the US consulate, their visa is subject to be cancelled. One example is that a client was instructed to conceal the fact that she has a brother in the United States because that may be construed as immigrant intent. The applicant received visa approval. After traveling to the United States on that visa, she received an email a few months later stating that her visa was denied. When she reapplied for the F-1 visa, the officer confronted her with the information about her brother. She came clean about receiving bad advice from the visa consultant upon her next F-1 visa interview but unfortunately her visa was denied. She is now preparing for the next visa interview.
If you received visa revocation email from Department of State, contact an immigration lawyer to find out your options
Please remember that a visa revocation does not affect your current status in the United States. You can still remain in the United States under the nonimmigrant status you currently hold. However, if you have plans to travel, you should discuss your circumstances with an immigration lawyer before doing so. You may use this link to schedule an appointment with our office.
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