Harry Gee & Associates is receiving increased reports of nonimmigrants in the U.S. who have been sent letters stating their visa has been revoked. It appears the Department of State (“DOS”) is actively using its authority, known as “prudential visa revocation”, to revoke nonimmigrant visas of certain foreign nationals later involved in a DUI or crime. Importantly, the DOS is revoking visas merely based on arrests due to “suspected” ineligibility. A consular officer will then formally review any visa ineligibilities when the foreign national reapplies for a visa at a U.S. consulado en el extranjero. If the consular officer determines the foreign national is inadmissible at the time of reapplication, the individual may be required to remain outside the U.S. indefinitely, unless a waiver is obtained. The DOS has published additional information about the revocations on their website in the liaison minutes with the American Immigration Lawyers Association, questions 5 through 11. (https://travel.state.gov/content/dam/visas/AILA/Agenda%20Spring%202016%20Qs%2BAs.pdf)
The intersection of criminal and immigration law is complex and often convoluted with the consequences frequently being dire. The experienced attorneys at Harry Gee & Associates can help guide you through the immigration implications of an arrest, conviction, and/or visa revocation letter. We stand ready to advocate on your behalf.