We know that visa appointments can be worrying. Sometimes, the embassy or consulate might tell you that they could send your visa back to USCIS for possible visa revocation. A revoked visa might make you unsure about your United States immigration plans.
But don't worry. Our immigration lawyers are here to help! We'll give you important information and tips to increase your chances of getting your visa approved. Remember, with the right guidance and legal advice. You can achieve your US immigration dreams – so don't give up!
Understanding Visa Revocation
Before we go further, let's understand visa revocation. When you go for an interview, it means that your underlying visa petition (for visa categories associated with different immigration processes and forms I-130, I-730, I-140, and I-526) was already approved by USCIS.
However, the embassy or consulate has the power to approve or deny the visa on its own. If they have concerns about your eligibility or your case, they might send it back to USCIS for possible visa revocation. However, you can navigate the uncertainty with a lawyer who specializes in immigration law and US-revoked visas.
What Are Your Options?
Fortunately, there are three steps you can take to continue to pursue your dreams.
1. Navigate the Unknown With a US Immigration Lawyer
Once your case goes back, things can get uncertain. Neither the embassy or consulate nor USCIS may have immediate updates on the revoked visa status. Eventually, USCIS will send you a notice of intent to revoke, explaining why they are considering revoking your approved petition. An immigration lawyer will be able to help you navigate through the process.
For example, in the case of a K-1 fiancé visa, a lawyer will advise you these cases face challenges. Often, the challenge for you is proving the authenticity of the relationship. Especially if one spouse is outside the US and the other is within the US.
2. Respond to the Revoked Visa Notice
When you receive the notice of intent to revoke, you'll get a chance to respond to US immigration services. You can provide more evidence to show that your relationship is genuine (such as in fiancé visa cases). You can submit affidavits, photos, and proof of your time spent together with the help of a lawyer to strengthen your case.
3. Take the Lawsuit Option
If your petition is affirmed after responding to the notice of intent to revoke, congratulations! However, be prepared for possible processing delays. USCIS, the embassy or consulate, and the National Visa Center may not have a fast process for such cases.
If significant delays happen, remember that you can file a writ of mandamus lawsuit with a visa lawyer to challenge the processing delay. Filing a petition and taking legal action might speed up your case.
Fiancé Visa Petitions Vs. Marriage-based
The fiancé immigrant visa (or K1 visa) process for petitions may be a bit different and, unfortunately, not as positive. If the consulate is not convinced, they might send your case back to USCIS. This may lead to a denial because it could expire.
In such cases, we suggest considering marriage and applying for a marriage-based petition. Reapplying for the denied fiancé visa I-129F might give similar results. So, a marriage-based visa could be a better option.
Seek Legal Guidance Now!
Facing the possibility of visa revocation can be overwhelming, but remember that you're not alone. Seek legal guidance to navigate the immigration process and respond to a USCIS notice. Stay strong, stay informed, and don't hesitate to seek help and expert immigration services.
Together, we can help you navigate the path to a successful visa application. There are more valuable insights at Immigration Station, should you need additional information about the US immigration process. You can make all your dreams come true – never give up and begin the process by Telling Us About Your Case!
We've created a list of common questions and answers to help you better understand this issue.
1. What does a revoked visa mean for me?
Visa holders outside the United States should understand that an immigration officer can cancel both immigrant and nonimmigrant visas anytime. A revoked visa is no longer valid for entering or reentering the United States at any port of entry.
2. What’s the difference between a revoked or canceled visa?
A revoked visa means your visa is canceled because of a violation or something incorrect you did during your visa application (with prejudice). A canceled visa can happen with or without any specific reason (without prejudice).
3. How can I reinstate my revoked visa?
The government can cancel or reinstate a visa. An immigration attorney can help you by representing you. The proper legal representation will protect your rights while advocating for you at legal proceedings or immigration hearings if needed.
4. Do I need to apply for a new visa after visa revocation?
To re-enter the US after leaving with a revoked visa, you must undergo the visa application process again and apply for a new visa.
5. Can my work visa be revoked or canceled?
Yes, a work visa can be canceled or revoked for various reasons by a consular officer at a Department of State embassy or consulate. These reasons could include violations of visa requirements, terms, or changes in employment status.
6. How will a revoked or canceled work visa impact me?
You won't be allowed to work in the United States. You might also need to leave the US promptly, and there could be legal consequences if you don’t. It may also affect your ability to get future visas or immigration benefits in the US.
You must follow any instructions from immigration authorities and consider seeking legal advice if needed.
7. Is there a grace period after an H-1B revoked visa?
You have a 60-day grace period after the visa revocation notice. During this time, you can explore options such as having another employer submit an H-1B petition for you, changing to another status, or leaving the United States.