Prudential revocation of nonimmigrant visas is a topic that has recently gained significant attention. The Department of State Visa Office (DOS) is primarily responsible for the handling of issues resulting from prudential revocations. This comprehensive guide aims to elucidate the complex subject of prudential revocation, shedding light on legal provisions, administrative practices, and specific examples.
Department of State Visa Office (DOS)
The DOS has consistently maintained that the prudential revocation of a nonimmigrant visa becomes effective only upon departure from the U.S. When based on a DUI, the revocation is effective exclusively upon leaving the country. The DOS also emphasized an ongoing dialogue with DHS components regarding this matter and provided insights on collaboration with ICE and additional training for field officers.
Legal Authority
Under INA Section 221(i), the Secretary of State possesses discretionary authority to revoke a visa at any time. Revocation can occur without a conviction if derogatory information, such as an arrest, is received. The nonimmigrant visa of an individual physically present in the United States may also be revoked.
DUI-Related Revocations
9 FAM 403.11-3(b) permits consular posts to revoke nonimmigrant visas for individuals in the U.S. only following a DUI arrest. Cases other than DUI are processed by the Visa Office of Screening, Analysis, and Coordination (CA/VO/SAC) at DOS headquarters.
Notice of Revocation
Per 22 CFR §41.122(c), consular posts must attempt to provide notice of revocation if practicable. Receipt of notice is not a precondition for revocation, and notices are usually sent via email. A valid email address and regular checks are imperative to ensure proper communication.
Conclusion
Prudential revocation of nonimmigrant visas is a multifaceted issue that requires in-depth understanding and careful consideration. This guide offers an overview of the subject, focusing on the current practices and legal provisions guiding the revocation process. As immigration laws and practices continue to evolve, constant monitoring and understanding are crucial for both professionals in the field and nonimmigrants navigating the U.S. immigration system.
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