A U.S. visa can be canceled, revoked or denied at any time, for several reasons. Before traveling to the United States, most people from other countries must first apply for and obtain a visa. Nonimmigrant visas are designed for temporary stays to visit, study and work. An immigrant visa is tailored for people to migrate to the U.S. after approval for permanent residence (lawful permanent resident status).
What Does it Mean When a U.S. Visa is Canceled Without Prejudice?
It is not unusual for the U.S government to cancel visa applications based on minor or inconsequential mistakes in paperwork. The U.S. Embassy or U.S. consulate will stamp the visa, “canceled without prejudice” which just means that the mistake must be corrected before the visa recipient receives an approval. Understand that the “without prejudice” part means the cancellation does not affect the applicant’s overall eligibility or ability to receive a visa approval or any other immigration benefit.
U.S. Visas can Be Canceled Due to Violation of Its Terms
All U.S. visas, whether nonimmigrant or immigrant are issued on the condition that the recipient obeys their terms under the law. All visa holders must not engage in activities that are outside of what it has been designed to do. For example, tourists must not work in the U.S and must exit the country within the timeframe stipulated. Anyone found breaking the conditions of a visa will have their visa revoked or canceled at any time, whether before, during or after their stay in the U.S.
There are times when a visa is canceled long before a person’s trip has even started simply because the government obtains information that the person intended to use the visa for a different purpose than it was intended. Case in point, nonimmigrant visa applicants stay in the U.S. permanently instead of making a short visit. In other instances, visas might be revoked when a person goes to a U.S. consulate to apply for a new visa and the interviewing officer discovers that the applicant abused an old visa.
Occasionally, a visa cancellation is simply an administrative matter where a consular officer cancels an old visa before granting a new one.
A U.S. Visa Can be Canceled for an Overstay in the U.S
A frequent reason for a visa revocation is that the holder overstayed his or her time in the U.S. longer than was authorized by the immigration officer at the port of entry. Foreign nationals visiting the U.S are often confused by this issue, thinking that they are permitted to stay in the U.S. until the expiration date on the visa itself. The date shown on the visa itself is only the last date upon which the person can use the visa as a U.S. entry document.
Visitors entering the U.S. must pay attention to the Form I-94 Arrival/Departure Record given to them by the agent at the airport or port of entry. Foreigners can get in trouble with overstaying in the U.S., one day past the date without having filed an application to extend or change status. It is stated that a visa will be canceled automatically.
What Happens Next After a Visa is Canceled While in the U.S
If a U.S. visa is canceled while in the U.S the visa holder will need to leave the country immediately. If a U.S. visa was canceled while in another country other than the U.S, that person must change their plans until a new U.S. visa has been successfully granted. Depending on the reasons for a visa cancellation, additional entry visas can be denied.
When to Visit an Immigration Lawyer
Once a visa has been canceled, revoked, or it is believed that you might be at risk for having overstayed or gotten your visa canceled, contact an expert immigration attorney. An Immigration lawyer can assess your situation, find out why a U.S. visa was canceled and ensure that the next time a visa application is submitted that an approval is granted successfully. Contact Gambacorta Law Office at (847) 443-9303 for more information.