While staying in the United States as a tourist, there are some things that can lead to your Tourist visa cancellation. Let’s see why that can be a huge problem and how to avoid it.
Before entering the United States, most people from other countries must first obtain a US Tourist visa. But it is important to know that as a tourist in the country, you can’t stay permanently or engage in certain activities, otherwise you risk a Tourist visa cancellation.
Remember that in the US immigration system there are two main kinds of immigration documents: Nonimmigrant visas and immigrant visas, both with different requirements and effects on your legal status in the country.
A nonimmigrant visa is used for temporary stays to visit, study, or work. An immigrant visa is one used to enter the United States after approval for permanent residence. The tourist visa belongs to the first group since it is a temporary permit intended for non-immigrants.
A tourist visa establishes clearly how long you can stay in the United States and what things you can do while in the country. Some people think that it is a good idea to enter the country on a tourist visa and then get a job, attend university, get married, and stay permanently.
But beware! This can lead to serious problems and you could end up having heavy legal consequences if the Tourist visa cancellation is triggered due to a violation of the agreement. However, there are different types of Tourist visa cancellations.
When should I contact an immigration lawyer?
If your visa has been revoked, or you think you could be at risk of staying longer and having your tourist visa canceled, it is highly recommended to contact an experienced immigration attorney.
At the Law Office of Shelle-Ann Simon, we can help you assess your situation, take steps to find out why your visa was canceled, and help you the next time you apply to come to the United States. Otherwise, you may be unable to re-enter the country in the future.
Tourist visa cancellation ‘without prejudice’
It is not uncommon for a US tourist visa to be canceled due to minor or inconsequential errors in paperwork. If this happens, the embassy or consulate will stamp the visa with the legend “Canceled without prejudice”, which means that the error must be corrected before the visa is approved. The “without prejudice” part means that cancellation does not affect a person’s eligibility or ability to obtain the permit.
Other motives that can trigger a Tourist visa cancellation
All US visas are issued on the condition that the holder complies with their terms. For example, the visa holder must not participate in activities outside those allowed (tourists cannot work in the United States, for example) and the person must leave the United States within the required time.
If the terms are not met or it is discovered that you falsified the requirements for the US Tourist visa, it can be canceled at any time, either before, during, or after your stay in the United States. Sometimes a visa is canceled before a person’s travel because the United States government obtains evidence that the person planned to use the visa for a purpose other than its intended purpose; for example, staying in the country permanently instead of making a short visit.
A visa can also be revoked when a person goes to a United States consulate to apply for a new visa and the officer discovers that the person misused the previous visa. Sometimes, however, a tourist visa cancellation is simply an administrative matter; for example, the consular officer needs to cancel an old visa before authorizing a new one.
What are the 10 main reasons that can trigger a tourist visa cancellation?
- Cancellation of a US tourist visa for staying longer in the United States (even just 24 hours). This does not refer to the expiration date of the visa, but to the last day the embassy allowed you to stay in the United States.
- When the CBP officer at Customs believes that a person who was previously granted a visa is now ineligible to enter the United States.
- When the visa has been torn from the passport where it was printed.
- When the visa is used for something other than its official purpose, for example, when a person with a tourist visa spends a lot of time in the United States and decides to begin a life there: study at a full-time school, university, get married or get a job.
- When the authorities believe that you intend to remain in the country indefinitely.
- When Medicaid (United States public insurance) has had to cover the medical expenses of an immigrant.
- When a foreigner is granted an immigrant visa, his previous non-immigrant visa or tourist visa is canceled.
- When a person has a permanent residence petition requested by a relative in the United States.
- If you have worked or it is found that you intend to work in the United States.
- When the visa has a bureaucratic error, such as a misspelling of a first or last name or an error in the date of birth.
Tourist visa cancellation due to excess time
One of the most common reasons for the revocation of a US tourist visa is that the holder stayed in the United States longer than allowed. Visitors to the United States are often confused by the terms of the visa, thinking that they are allowed to stay in the country until the expiration date of the document. But that date is only the last date the person can use the visa as an entry document to the United States.
The date you must leave the United States is shown on your Form I-94 Arrival / Departure Record. If you stay even one day after that date without having requested an extension or change of status, your visa will be automatically canceled.
What are the consequences of a Tourist visa cancellation?
If your US tourist visa is canceled, you will need to leave the United States immediately or, if you are in another country, delay your travel plans until you have successfully applied for a new US tourist visa. However, depending on the reasons for the visa cancellation, you may be denied entry to the country in the future.
If you are in need of immigration legal advice, do not hesitate to contact us! At the Law Office of Shelle-Ann Simon we have wide experience in immigration proceedings, family law, and personal injury and have successfully defended our clients for over 10 years. Contact us through our website or give us a call at 281-606-5362!