Immigration Corner | How can I get back my visa?

Dear Mrs Walker-Huntington,

I travelled to the USA in 2011 and 2012 on a work permit which was valid for only four months.

However, in 2016 and 2018, I travelled on my B1/B2, 10-year visitor’s visa, which is now revoked. During this time I worked, but payment was given in cash and not cheque, as I didn’t want the state to know that I worked.

In 2017 I travelled to USA to give birth. During that time I gave the hospital my social security number, which my aunt advised me to do, so as to benefit from Medicaid. Due to financial constraints, I am yet to pay the bills that are now in arrears.

In 2020 when I took my sons to the embassy to get a visa, they were denied. My visa was subsequently revoked. I was hoping to get a reason for the revocation from the immigration officer, but all he said when I asked, was that I already knew the reason.

In 2009 I was being filed for by my mother, but unfortunately, she passed away before the process was completed and everything stopped. I doubt, however, that this has anything to do with the revocation of the visa.

Please advise me what to do about getting visitor’s visas for my sons and myself.

I kindly await your response.

Thank you in advance.

– Concerned

Dear Concerned,

While there might be more reasons, your email indicates two reasons why your visitor’s visa would have been revoked. The first being that twice you worked in the United States without authorisation while in visitor’s visa status. A visitor’s visa is for persons to travel to America as a visitor for pleasure and not to engage in employment without authorisation. While you may not have told the consular officer that you worked without authorisation, your travel pattern may have revealed this to the officer, or he or she may have had inside information.

When you went to the United States to give birth in 2017, it appears that you did not have the financial resources to pay for your undertaking and used Medicaid to pay the hospital for the expenses you incurred. It is not illegal for a non-resident of the United States to give birth in America – every person born in America is a citizen of the United States; this right is guaranteed in the US constitution. However, it is against immigration law to use public funds to finance the birth of a child if you are a non-immigrant.

Accepting Medicaid for the birth of a child can result in your losing your non-immigrant visa, and Medicaid does not have the ability to accept repayment – unless in the case of fraud. A visitor to the United States accepting Medicaid is not fraud to Medicaid, but it is a violation of your non-immigrant status. Your US citizen child is entitled to Medicaid and all the privileges of American citizenship.

Keep in mind that no one is entitled to a US visa. It is given at the discretion of the US government.

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 diversity and inclusion consultant, mediator, and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.com