Immigration Corner | My visa was revoked

Good day Mrs Walker-Huntington:

I went to do visa application on the August 23, 2019 at the US Embassy for my husband, daughter and grandson to go to my son's family day and graduation in the United States Army this October. They were denied and I had my visa revoked. I have never over-stayed my time in America and I never did anything wrong. I spend five months and two weeks once because of sickness.

How can I know why my visa was revoked?

A.Z.

Dear A.Z.:

I am sorry that your family was denied their visas and that yours was revoked. It seems harsh to deny a family permission to travel to the United States who is trying to be together for a celebration. However, to the consular officer at the US Embassy it does not matter what reason a person gives for their travel to America. What counts is whether the officer subjectively believes that if they grant the visa, that the recipient will return homeand also not abuse the terms of the visa. The officer looks to the applicant’s ties to their home country.

The consular officer often makes the decision very quickly, and while you should take all proof of your ties to your home country to solidify your reasons/needs to return home – the officers sometimes do not review your proof. It is frustrating to the applicant who has legitimate reasons for travelling to America and for returning home. Unfortunately, there is no appeal from the denial of a US visa because there is no entitlement to a US visa. You can reapply and often when there is a quick reapplication, the second officer will enquire in more detail for the reason for travel and your proof of ties to your country.

I am not sure why you went with your family to apply for their visas because as you discovered, this exposes your visa and travel pattern for review. While 99.9 per cent of visitors to America are given six months to remain in the country, it does not mean that you can stay for six months or for an extended period. If you intended to visit for a few weeks, you should only remain for those few weeks and return home. Unless persons are independently wealthy and can spend extended periods in the US, when you stay several months in America the presumption is that you were working.

Unfortunately, persons do travel to America on their visitor’s visas and work without permission, but some do not. Some like yourself, visit the United States and fall ill while visiting. It is important that people in your position have documentary evidence of their illness and leave as soon as they are able to travel. While, a US visa can be revoked for any reason or no reason – and the visa holder does not have to be informed as to the reason – it is advisable to travel with the evidence of the reason for any protracted stay in America. The visa can be revoked on a return trip and the visa holder returned home on the next available flight, or as in your case it can be revoked at the US Embassy.

Dahlia A. Walker-Huntington, Esq. is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a mediator and special magistrate in Broward County, Florida. info@walkerhuntington.com.