Department of State Visa Office (DOS)
The Department of State Visa Office (DOS) plays a central role in the prudential revocation process. It emphasizes that the revocation of a nonimmigrant visa typically takes effect only upon departure from the United States. Notably, in cases involving DUI-related revocations, the revocation becomes effective exclusively upon leaving the country. Collaboration between DOS and DHS components and additional training for field officers play a vital role in addressing prudential revocation matters.
Legal Authority
Under INA Section 221(i), the Secretary of State holds discretionary authority to revoke a visa at any time. This revocation can occur even without a conviction, provided derogatory information, such as an arrest, is received. The scope of revocation extends to nonimmigrant visa holders physically present in the United States.
DUI-Related Revocations
DUI-related revocations, governed by 9 FAM 403.11-3(b), are limited to consular posts and apply to individuals in the U.S. These revocations are specific to DUI cases. At the same time, other instances are processed by the Visa Office of Screening, Analysis, and Coordination (CA/VO/SAC) at DOS headquarters.
Notice of Revocation
As per 22 CFR §41.122(c), consular posts must provide notice of revocation when reasonably feasible. However, it’s important to note that receipt of such notice is not a prerequisite for the revocation to take effect. Notices are typically transmitted via email, so providing a valid email address and regular checks is crucial for effective communication.
Conclusion
Prudential revocation of nonimmigrant visas is a multifaceted issue that necessitates a deep understanding of its legal provisions and operational procedures. This guide is an informative overview, focusing on current practices and legal foundations guiding revocation. As immigration laws and practices evolve, staying informed and vigilant is essential for immigration professionals and nonimmigrants navigating the U.S. immigration system.
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