State Department Broadens Authority to Revoke Visas
April 27, 2011— A new State Department rule gives consular officers broader authority to revoke a visa in their discretion at any time, and allows them to do so more quickly and easily. The rule means that an expatriate’s ability travel to the United States using an existing visa could be suspended or terminated without notice if a consular officer has any question about the individual’s ability to possess the visa. The rule was published in today’s Federal Register and has immediate effect.
Though consular officers have long been authorized to revoke a visa when they determine that a foreign national is not or has ceased to be eligible for the nonimmigrant classification for which the visa was issued, today’s rule broadens that authority substantially. Consulates also have new power to provisionally revoke a visa if an officer believes that more information is needed to determine an expatriate’s eligibility, though the visa could be reinstated if the foreign national is later found to be entitled to it. In a departure from prior rules, foreign nationals are no longer able to request the consulate to reconsider a decision to revoke a visa.
A visa that is revoked, whether finally or provisionally, is invalid and cannot be used for travel to the United States, even if it is not physically canceled. If a provisionally revoked visa is reinstated, the visa holder can once again use it for travel.
If an expatriate’s existing nonimmigrant visa is revoked, he or she could face lengthy delays in the ability to enter or return to the United States for business or employment, and future difficulties in obtaining subsequent visas. Because consulates are not required to send a notice of revocation, an expatriate may not learn that a visa has been revoked until he or she is inspected at a U.S. port of entry and refused admission. |
About AIReS
AIReS, which was named to the 2010 Inc. 5000 list of fastest-growing independently owned businesses in the U.S., is in its 30th year of providing best-in-class relocation management services. With seven ISO registered U.S. offices and other strategically located employees located around the globe, AIReS is a recognized industry leader in delivering high quality relocation and assignment management services to leading corporations. The company boasts some of the industry’s highest annual customer-satisfaction scores and a client-retention rate of over 98%. For more information, please visit the AIReS website at www.aires.com. |
