Five Common Ways That Immigrants Can Have Their Visas Revoked

When an immigrant comes to the United States for work or family purposes, they must have an appropriate visa. Without this visa or other immigration documentation, they are at risk of immigration consequences, potentially leading to deportation proceedings and removal back to their country of origin. Here are five of the most common ways that immigrants have their visas revoked, potentially resulting in the risk of removal:

1. Overstaying or failing to renew their visa
   • By far the most common reason that immigrants get their visas revoked is that they simply fail to renew their visa, or overstay their visa beyond when they were supposed to go home. This is often the result of people simply forgetting about important deadlines, losing track of time until it is too late to apply for a renewal. When this happens, immigrants may face serious trouble if they cannot find a way to adjust their immigration status.
2. Cancellation without prejudice
   • This type of visa revocation is somewhat less serious than other immigration offenses, and typically indicates that a visa was canceled due to a minor paperwork mistake or administrative error. Generally speaking, so long as the error is corrected, the visa that was canceled without prejudice can be restored with minimal effect on a person’s immigration status. However, failure to correct the error in a timely fashion could result in potential problems.
3. No longer qualify for the visa
   • Most types of visas have specific requirements for entering the country, such as visas that are issued to allow people to work or go to school in the United States. If an immigrant finds they no longer qualify for that visa (such as by being fired from their job, or by graduating from school), their visa may be invalidated. At that point, they will need to find some other way of obtaining legal status to be able to remain in the U.S.
4. Engaging in activity not permitted by the visa
   • Another potential issue is what happens if someone chooses to engage in activity that is not permitted by their visa. For example, if someone enters the United States on a tourist visa and subsequently gets employment without obtaining a change in status, that could result in the visa being canceled. Thus, every immigrant who does not want their visa revoked should make sure they stick to what is authorized by the terms of their visa.
5. Fraud and willful misrepresentation
   • There are other, more potentially serious issues that can arise after a visa has been issued, which can result in it being revoked. Namely, if an immigrant is accused of submitting false information or fraudulent documentation as part of the visa application process, the visa can be revoked. In addition, this sort of fraud or willful misrepresentation can potentially lead to criminal prosecution, on top of the potential immigration consequences.

For more than 40 years, the Drucker Law Firm has been providing personal and quality legal services to individuals, universities, and corporations throughout the New York City and Tri-State area. We have represented three generations of clients in personal injury cases, as well as immigration and general litigation matters. If you have a legal issue related to personal injury law, please give us a call at (718) 458-1489 to schedule a consultation or visit our contact page.