What If Your Loved One's Visa Is Cancelled?

When your visa is revoked without warning, whether or not you can have it reinstated depends on several factors. In many instances, visa revocation notices are sent in advance so that the affected parties can take action. However, it is possible to receive notification during an attempt to enter the country. If you have a loved one whose visa was revoked, here is what you need to know.  

Why Was the Visa Revoked?

The decision to revoke a visa is typically made by the U.S. Citizenship and Immigration Services (USCIS) or a consulate. If your loved one's was denied by either entity, he or she will be notified whether or not the revocation was done with or without prejudice.  

A visa that was revoked without prejudice simply means that there are no eligibility restrictions that would prevent your loved one from reapplying. For instance, if your loved one's visa was cancelled due to his or her country of origin and not any other action that was within his or her control, it is possible that he or she can apply for a new visa in the future.  

However, a visa that was cancelled with prejudice could have restrictions. For instance, if your loved one committed a crime that impacts his or her eligibility, he or she might be required to meet certain restrictions before reapplying. Your loved one could face having to wait a period of time before reapplying.  

Can the Decision Be Appealed?

If your loved one was notified before attempting to enter the country of the cancellation, he or she can file an appeal with the USCIS. The cancellation notice will detail how many days your loved one has to file the appeal and which steps must be taken.  

If there are requirements that must be met before your loved one can reapply, he or she needs to meet those requirements and show proof to the USCIS. For instance, if he or she needs to provide proof that he or she is enrolled in school in the United States, he or she needs to obtain a letter from the school certifying the enrollment.  

Regardless of the reason for the cancellation, if your loved one plans to appeal the decision, he or she needs to consult with an immigration attorney. The attorney can assess the cancellation reason and determine if an appeal needs to be filed with USCIS or if a direct appeal to a court needs to be made. Contact an attorney like Neal Richardson Datta Attorney At Law, P.C. to learn more.