Archive for March, 2010

GANGSTER’S PARADISE: The Revocation of Wayne Chen’s Visa

Q: There is a lot of talk in the news about your embassy revoking the visas of Jamaican citizens. I am sure I have nothing to worry about myself, but I am still curious — can you explain why visas are revoked and the actual process of revocation? Is there any way to check on the status of my visa, just in case?

A: All countries’ ability to revoke a visa is an important tool in the effort to ensure that foreign citizens only travel to the intended country for the purposes for which they are authorised to travel. In essence, any country can revoke any visa when it is determined that the holder no longer qualifies for the visa.

According to United States immigration law, the decision to revoke an individual’s visa is done on a case-by-case basis according to the facts of each particular visa holder’s situation. The decision to revoke a visa is not political nor is it an instrument of foreign policy. It is based solely on the application of United States immigration law, regarding a particular individual’s continued eligibility for a visa which (s)he has already been issued.

Who has the authority to revoke a visa?

Under section 221(i) of the US Immigration and Nationality Act, the only people authorised to revoke a visa are consular officers at US embassies and the Secretary of State in Washington, DC. It is important, however, not to confuse revocation with cancellation. Customs and Border Patrol (CBP) officials have the authority to cancel a visa at the port-of-entry if they deem the visa holder to be inadmissable. This is because a visa only grants the holder the right to apply for entry into the United States at the port-of-entry; a visa does not grant the holder the right to enter the country — that can only be done by an officer of the CBP. When a visa is cancelled at the port-of-entry by CBP officials, the inteding traveller is sent back to the country of origin where he or she may reapply for a new visa at the US Embassy.
Under what circumstances is a visa revoked?

The fact a visa has been revoked does not necessarily indicate something negative about the visa holder, nor does it mean that the visa holder will never be able to obtain another visa. It only means that subsequent to the issuance of a visa, evidence came to light to suggest that the visa holder may be ineligible to retain that visa under the laws of the United States. A consular officer may revoke a non-immigrant visa under various circumstances, including, but not limited to, the following:

* The visa holder has been issued an immigrant visa;
* The visa has been physically removed from the passport in which it was issued;
* The visa holder is ineligible to enter the United States for reasons relating to health, public safety, and national security; or
* The visa holder no longer qualifies for the visa they were issued.
Many of the visas revoked at the embassy are revoked after a visa holder has died, in order to prevent future misuse of the visa by a third party. Even if a visa is revoked because information came to light to suggest a visa holder was either ineligible to enter the United States or no longer qualified for the visa, that person is not necessarily barred from applying for or obtaining another visa.

To protect the national interest of the United States, visas may be revoked promptly after information becomes available that refutes a visa holder’s eligibility to hold a visa under US law. After a visa is revoked, consular officers rely on the visa application process to resolve any outstanding issues, should the visa holder wish to reapply. If the visa holder does reapply for a visa, a consular officer will carefully screen his application and make a definitive determination of eligibility. This includes reviewing whether the grounds for revocation were inaccurate or if the circumstances surrounding the revocation have changed, either of which may result in the issuance of a new visa.
What is the process for revoking a visa?
According to regulations, once a consular officer decides to revoke a visa the officer must, if practicable:
* Notify the visa holder of the intention to revoke the visa;
* Allow the visa holder the opportunity to show why the visa should not be revoked; and
* Request the visa holder present the passport in which the visa was issued for physical cancellation.
Most visa revocations occur at the embassy, where all three requirements are easily met during an in-person interview. When a revocation takes place at the State Department in Washington, DC, however, the Department notifies the local embassy of the action so that officers at the consular section can notify the former visa holder. When a visa is being — or has been — revoked without the visa holder present, every effort is made to contact the individual to inform them of the decision. Once notified by the State Department of such an action, embassy officials do not delay in trying to notify the person involved. When contacted, that person is asked to present their passport at the embassy so that the visa can be physically cancelled. The failure of the visa holder to bring in the visa for physical cancellation, however, does not affect the validity of the revocation.
Since a thorough effort is made to contact every visa holder who has had their visa revoked, any current visa holder who has not been contacted by the embassy should assume that their visa is still valid. Due to the sheer number of visa holders in Jamaica, the embassy is not in a position to respond to any inquiries regarding the status of a particular visa.

The Department of State regulations relating to visa revocations can be found in the Department’s Foreign Affairs Manual, at 9 FAM 41.122. The Foreign Affairs Manual is available for public viewing at the State Department’s website, www.state.gov.
The American Embassy staff in Kingston will answer any questions you may have regarding US consular law, regulations and/or practice. In order to respect the privacy of applicants, the embassy will not answer questions on specific personal applications.