Travel on cancelled visa - INS + Consulate
#1
Guest
Posts: n/a
I wonder if INS posts at US points of entry [ airports ] have information on visa's
issued and visa's cancelled by US consulates across the world ?
Do they share information ?
My concern is mainly about non-immigrant visas (NIV) like B1/B2, F1 and even H1.
A person is successfully issued a visit visa to US and has the visa pasted in his/her
passport. Visually all looks fine. But in reality the consulate cancelled the visa a
few weeks after it was issued and placed a ban on entry as well.
The consulate is lucky to find that the individual has still not traveled and informs
the applicant verbally over the phone or maybe via a letter of this cancellation.
Since the reasons for such cancellation vary from case to case, lets discuss what are
the options of this anxious traveler.
Definitely any future NIV visa request at the same consulate will pop up the ban and
cancellation record and the request will be denied.
Since there is no "RED" ink across the pasted visa, this person may decide to take
his chances with INS upon landing US !
Do INS and Consulates update each other of issued (valid) visa numbers and about
cancelled visa numbers ?
Assuming INS does not know:
---------------------------
Lets say this person is allowed into US and is given the I-94, would this be a legal
entry into US ?
Well knowing what we know, this entry should not be legal but being legally let in
with an I-94, maybe its argueable ?
Assuming INS knows:
-------------------
How does INS know ? Does anyone know of a followed procedure between INS and US
consulates ?
I say expedited deportation is most likely.
What do you think ?
thanks
issued and visa's cancelled by US consulates across the world ?
Do they share information ?
My concern is mainly about non-immigrant visas (NIV) like B1/B2, F1 and even H1.
A person is successfully issued a visit visa to US and has the visa pasted in his/her
passport. Visually all looks fine. But in reality the consulate cancelled the visa a
few weeks after it was issued and placed a ban on entry as well.
The consulate is lucky to find that the individual has still not traveled and informs
the applicant verbally over the phone or maybe via a letter of this cancellation.
Since the reasons for such cancellation vary from case to case, lets discuss what are
the options of this anxious traveler.
Definitely any future NIV visa request at the same consulate will pop up the ban and
cancellation record and the request will be denied.
Since there is no "RED" ink across the pasted visa, this person may decide to take
his chances with INS upon landing US !
Do INS and Consulates update each other of issued (valid) visa numbers and about
cancelled visa numbers ?
Assuming INS does not know:
---------------------------
Lets say this person is allowed into US and is given the I-94, would this be a legal
entry into US ?
Well knowing what we know, this entry should not be legal but being legally let in
with an I-94, maybe its argueable ?
Assuming INS knows:
-------------------
How does INS know ? Does anyone know of a followed procedure between INS and US
consulates ?
I say expedited deportation is most likely.
What do you think ?
thanks
#2
Guest
Posts: n/a
Visa stamp or sticker in the passport is only the permission to go to US port of
entry and ask for admission. The real visa (admission to enter) is granted by
immigration officer at the port of entry and such officer has the discretion to deny
entry to anyone, regardless the visa stamp in the passport. So, the stamp the person
from your story has in the passport is nothing - it is not a guarantee of any kind
that admission will be granted.
More, nobody need today, with current computerized and networked INS database system
to put a "Cancelled" stamp over such visa in the passport - if it is cancelled then
such information is automatically posted in the central INS database and every
officer at every port of entry and in every US consulate, embassy or visa post will
see on his or her computer screen that it has been cancelled. So, the rest of your
questions are completely irrelevant. You may speculate whatever you want - entry will
be denied, period.
--
./
Andrew Miller
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entry and ask for admission. The real visa (admission to enter) is granted by
immigration officer at the port of entry and such officer has the discretion to deny
entry to anyone, regardless the visa stamp in the passport. So, the stamp the person
from your story has in the passport is nothing - it is not a guarantee of any kind
that admission will be granted.
More, nobody need today, with current computerized and networked INS database system
to put a "Cancelled" stamp over such visa in the passport - if it is cancelled then
such information is automatically posted in the central INS database and every
officer at every port of entry and in every US consulate, embassy or visa post will
see on his or her computer screen that it has been cancelled. So, the rest of your
questions are completely irrelevant. You may speculate whatever you want - entry will
be denied, period.
--
./
Andrew Miller
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#3
Guest
Posts: n/a
Here are the Consular procedures for revoking a visa:
http://www.foia.state.gov/masterdocs.../0941122PN.pdf
Information on CLASS:
http://www.foia.state.gov/masterdocs/09fam/09D0200.pdf
Paulgani
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http://www.foia.state.gov/masterdocs.../0941122PN.pdf
Information on CLASS:
http://www.foia.state.gov/masterdocs/09fam/09D0200.pdf
Paulgani
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