Nonimmigrant visas

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, along with additional training for field officers, plays 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 in the absence of 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, while other instances are processed by the Visa Office of Screening, Analysis, and Coordination (CA/VO/SAC) at DOS headquarters.

Notice of Revocation

Consular posts are required, as per 22 CFR §41.122(c), to make reasonable attempts to provide notice of revocation when feasible. However, it’s important to note that receipt of such notice is not a prerequisite for the revocation to take effect. Typically, notices are transmitted via email, making a valid email address and regular checks 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 serves as an informative overview, focusing on the current practices and legal foundations guiding the revocation process. As immigration laws and practices continue to evolve, staying informed and vigilant is essential for immigration professionals and nonimmigrants navigating the U.S. immigration system.

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