9 FAM 403.11
(U) NIV Revocation
(CT:VISA-912; 08-06-2019)
(Office of Origin: CA/VO/L/R)
9 fam 403.11-1 (U) statutory and
regulatory Authorities
9 FAM 403.11-1(A) (U)
Immigration and Nationality Act
(CT:VISA-1; 11-18-2015)
(U) INA 221(i) (8 U.S.C. 1201(i)).
9 FAM 403.11-1(B) (U) Code of
Federal Regulations
(CT:VISA-1; 11-18-2015)
(U) 22 CFR 41.122.
9 fam 403.11-2 (U) niv
revocation
(CT:VISA-1; 11-18-2015)
(U) Regulations no longer
distinguish between invalidation and revocation in cases when it is determined
that the bearer of a visa is ineligible. The visa should be revoked in
accordance with INA 221(i), 22 CFR 41.122 and this subchapter.
9 FAM 403.11-3 (U) When to Revoke
a Visa
9 FAM 403.11-3(A) (U) When
Consular Officers May Revoke Visas
(CT:VISA-912; 08-06-2019)
(U) There are four circumstances under
which you may revoke a visa:
(1) Unavailable
(2) (U) The alien is not
eligible for the particular visa classification (this includes ineligibility
under INA 214(b));
(3) (U) The visa has been physically removed from the passport in
which it was issued; or
(4) (U) The alien is subject to a Watchlist Promote Hit for an
arrest or conviction of driving under the influence, driving while intoxicated,
or similar arrests/convictions (DUI) that occurred within the previous five
years, pursuant to 9 FAM
403.11-5(B) paragraph (c) below.
9 FAM 403.11-3(B) (U) When Consular
Officers May Not Revoke Visa
(CT:VISA-10; 12-08-2015)
a. (U) A consular officer does
not have the authority to revoke a visa based on a suspected ineligibility, or
based on derogatory information that is insufficient to support an
ineligibility finding, other than a revocation based on driving under the
influence (DUI). A consular revocation must be based on an actual finding that
the alien is ineligible for the visa.
b. (U) Under no circumstances
should a consular officer abroad revoke a visa when the alien is in the United
States, or after the alien has commenced an uninterrupted journey to the United
States, other than a revocation based on driving under the influence (DUI).
Outside of the DUI exception, revocations of aliens in, or en route to, the
United States may only be done by the Departments Visa Office of Screening,
Analysis and Coordination (CA/VO/SAC).
9 FAM 403.11-4 (U) Revocation
Procedures
9 FAM 403.11-4(A) (U) Visa
Revocations by Consular Officers
(CT:VISA-1; 11-18-2015)
(U) Although the decision to
revoke a visa is a discretionary one, you should not use this authority
arbitrarily. In accordance with 22 CFR 41.122(b), when practicable, you must:
(1) (U) Notify the alien of
the intention to revoke the visa;
(2) (U) Allow the alien the
opportunity to show why the visa should not be revoked; and
(3) (U) Request the alien to
present the travel document in which the visa was issued.
9 FAM 403.11-4(A)(1) (U)
Required Procedures
(CT:VISA-912; 08-06-2019)
a. (U) Informing Alien of Intent to
Revoke Visa:
(1) (U) 22 CFR 41.122(b)
requires you to notify the alien of the intent to revoke a visa, if such
notification is practicable. The notice of intent to revoke a visa affords the
alien the opportunity to demonstrate why the visa should not be revoked. An
after-the-fact notice that the visa has already been revoked would not be
sufficient, unless prior notice of intent to revoke was found not to be
practicable in the particular case.
(2) (U) A prior notification
of intent to revoke a visa would not be practicable if, for instance, the post
did not know the whereabouts of the alien, or if the alien's departure is
believed to be imminent. In cases where the alien can be contacted and travel
is not imminent, prior notice of intent to revoke the visa would normally be
required, unless the consular officer has reason to believe that a notice of
this type would prompt the alien to attempt immediate travel to the United
States.
b. (U) Physical
Cancellation of Visa: If a decision to revoke the visa is reached after
the case has been reviewed, you must print or stamp the word
"REVOKED" in large block letters across the face of the visa. You
must also date and sign this action and enter any new ineligibilities or
derogatory information into the Consular Lookout and Support System (CLASS).
Timely entry into CLASS is essential. If located at a post other than the one
at which the visa was issued, the title and location of the post should be
written below the signature.
c. (U) If
Alien in Possession of Another Valid U.S. Visa: When you have taken
action to revoke a visa, you should determine whether the alien holds another
current U.S. visa in the same or another passport. You should proceed to
revoke that visa as well, provided the grounds for revoking the first visa
apply to any other visa the alien may hold, or if independent grounds for
revocation apply. In the latter case, you are also required by 22 CFR 41.122
to give the alien, if practicable, an opportunity to rebut or overcome that
ground(s) of ineligibility.
d. Unavailable
(1) Unavailable
(2) (U) The revoking office
should enter the aliens name into the Consular Lookout and Support System
(CLASS) in accordance with 9 FAM 303.3-4.
The original of the Form DS-4047, as well as a copy of the posts letter to
transportation companies listing all the addresses, is to be made a part of the
Category I file. The issuing post should annotate Form DS-160, Online
Nonimmigrant Visa Application, in the comment field, regarding the revocation
and date.
e. (U) When
Alien Unlikely to Surrender Passport for Revocation: If you have reason
to believe that an alien whose visa is subject to be revoked will fail to
present the visa, and if the alien has not yet commenced travel, the DHS office
at the port of entry (POE) and all appropriate transportation companies should
immediately be notified that the visa has been revoked. You should notify
transportation companies by letter of this action and deliver it to them by the
most expeditious and secure means. A telegraphic report as described in 9 FAM
403.11-4(B)(2) below and an entry into CLASS must also be made.
f. (U) If
Travel Has Commenced: If the revoking officer has learned that the
alien is stopping at a city en route to the United States in which a consular
office is located, the revoking post should request the stopover post to
attempt to contact the alien and physically cancel the visa. The revoking post
should immediately notify the Department (CA/VO/SAC), inform the Department of
Homeland Security (DHS) and the stopover post as described in 9 FAM
403.11-4(B)(2) below, and update CLASS, as appropriate.
(1) (U) If the stopover post
physically cancels the visa, it should notify the revoking post and the
Department (CA/VO/SAC).
(2) (U) The revoking post
should update CLASS and notify the Department (CA/VO/SAC), as well as the
stopover post and DHS to update the report.
(3) (U) If the stopover post
is unable to cancel the visa physically, it must notify the revoking post and
the Department (CA/VO/SAC), provide any additional information, and must also
notify all appropriate transportation companies by letter that the visa has
been revoked. The letter should be used to notify transportation companies of
this action and be delivered to them by the most expeditious and secure means.
These instructions are predicated on the premise that the alien has commenced
an uninterrupted journey to, or is already in the United States. The revoking
post should immediately notify the Department (CA/VO/SAC), the stopover post,
and DHS, to update or file a report as described in 9 FAM
403.11-4(B)(2) below, and to update CLASS as necessary.
g. (U) Visa
Erroneously Issued by Other Post: If you determine that another post
has erroneously issued a visa, that post should be informed in detail of your
findings. Such a report could form the basis for revoking the visa, initiated
by the issuing post or by the reporting post, with the concurrence of the
issuing post. If a difference of opinion ensues between posts, the case should
be submitted to the Department (CA/VO/L/A for non-security related revocations
or CA/VO/SAC for security, foreign policy, or human rights related revocations)
for an advisory opinion (AO) before visa issuance. If the visa has been
issued, then posts should contact the revocations unit VO Visa Revocations Unit
(VO-Revocations@state.gov) for guidance.
h. (U) Sponsor's
Request for Cancellation of Visa in Order to Withdraw Bond:
(1) (U) In some cases, the
sponsor may request cancellation of the alien's visa in order to withdraw the
bond. After physically canceling the visa, (see 22 CFR 41.122(c)), you must
notify the DHS office concerned by letter or interested party telegram that the
bond may be canceled and the money released.
(2) (U) The communication must
contain the applicant's full name, date and place of birth, nationality, the
amount of the bond, the applicant's "A" serial number (which will
have been shown on DHS notification that the bond was posted), and the date on
which the visa was canceled. You must annotate Form DS-160, Online Nonimmigrant
Visa Application, which should reflect the amount of the bond, the
aliens A serial number and the date on which the visa was canceled.
9 FAM 403.11-4(A)(2) (U)
Sample Letter of Notification of Revocation to Airline and Certificate of
Revocation
(CT:VISA-50; 02-22-2016)
a. (U) Sample
Letter of Notification to Airline:
(1) Sample Text:
(Embassy or Consulate Letterhead)
(Date)
Dear Sir / Madam / Company:
Pursuant to the authority contained in Department of
State regulations 22 CFR 41.122, this letter serves as official notification by
the United States Embassy / Consulate in (post) that the nonimmigrant visa of
the below named individual has been revoked, and is no longer valid for
application for entry into the United States.
Name of visa holder
Date and place of birth
Visa classification (symbol)
Date and place of visa issuance
Other pertinent information
The Embassy/Consulate has informed/attempted to
inform the visa holder of this revocation, and has instructed the bearer to
surrender the visa to this office for physical cancellation. However, the
visa holder may not comply with this request, and attempt to travel on the
appearance that the visa is still valid. If the holder should attempt to
travel after your receipt of this notice, and your company permits the holder
to embark in spite of this notification, your company may be liable to a fine
of up to $1,000.00 for having transported to the United States a person who is
not in possession of a valid visa.
If the above individual contacts your company, I
request that you direct him/her to contact the US Embassy/Consulate as soon as
possible. I greatly appreciate your attention to this matter.
Sincerely,
[Name]
(2) Editable Version: Letter
of Notification of Revocation to Airline.
b. (U) Certificate of
Revocation:
(1) Sample Text:
Certificate of Revocation
This is to certify that I, the undersigned Deputy
Assistant Secretary of State for Visa Services, acting pursuant to the
authority conferred on the Secretary of State by section 221(i) of the
Immigration and Nationality Act (8 U.S.C. 1201(i)), which has been delegated to
the Assistant Secretary of State for Consular Affairs and to me by Delegation of
Authority no. 367 and Redelegation of Authority no. 367-1, hereby revoke any
and all visas issued to (applicant, date and place of birth), including but not
limited to the (classification of) nonimmigrant visa issued at the Embassy of
the United States in (post) on (date).
This action is based on the fact that subsequent to
visa issuance, evidence came to light that the alien may be inadmissible to the
United States and ineligible for visa issuance pursuant to Section () of the
Immigration and Nationality Act.
This revocation shall become effective immediately
on the date on which this certificate is signed unless the alien is present in
the United States at that time, in which case it will become effective
immediately upon the aliens departure from the United States.
________________________
______________________________
Date Deputy
Assistant Secretary
For
Visa Services
(2) Editable Version: Certificate
of Revocation.
9 FAM 403.11-4(A)(3) (U)
When to Notify Department Regarding Revocation
(CT:VISA-1; 11-18-2015)
a. (U) If a visa is physically
cancelled prior to the alien's departure to the United States, then there is no
need to report the revocation to the Department, except in cases involving A,
G, C-2, C-3, or North American Treaty Organization (NATO) visas.
b. (U) As required by 22 CFR
41.122(e), the Department (the Advisory Opinions Division (CA/VO/L/A), the
Diplomatic Liaison Division (CA/VO/DO/DL), the Chief of Protocol (S/CPR), and
the appropriate country desk), as well as Department of Homeland Security
(DHS), Washington, DC should be promptly notified whenever any diplomatic or
official visa, or any visa in the A, G, C-2, C-3, or NATO classification is
formally revoked.
c. (U) As required by 22 CFR
41.122(d) and 22 CFR 41.122(e), in any case in which a visa is revoked but the
consular officer is unable to physically cancel the visa, the consular officer
must notify the Departments Office of Screening, Analysis and Coordination
(CA/VO/SAC), local carriers, and the appropriate DHS port(s) of entry. The
notice to the Department should be in the format prescribed in 9 FAM
403.11-4(B)(2) below.
d. (U) See 9 FAM
403.11-4(C)(1) below for more information about notifying the Department of
visa revocations that may have political, public relations, or law enforcement
consequences.
9 FAM 403.11-4(B) Unavailable
9 FAM 403.11-4(B)(1) (U)
Procedures
(CT:VISA-1; 11-18-2015)
a. Unavailable
b. (U) When reviewing a visa
for revocation as a result of information which may come to light after
issuance of a visa, and the subject is either in the United States or on
uninterrupted travel to the United States, you must seek and obtain Department
guidance by contacting the VO Visa Revocations Unit
(VO-Revocations@state.gov). This applies, for example, to findings of
ineligibility under INA 212(a)(6)(C)(i), misrepresentation; INA 212(a)(3)(B)
terrorist activity; or INA 212(a)(3)(C) foreign policy.
c. (U) See 9 FAM 402.8-9,
Procedures to be Followed When Derogatory Information Received.
9 FAM 403.11-4(B)(2) (U)
Report of Derogatory Information Received After Issuance of Visa
(CT:VISA-50; 02-22-2016)
a. (U) Posts are no longer
required to submit a report to the Department on nonimmigrant visa (NIV)
revocations done at post, provided that the visa has been physically canceled
prior to the alien's departure for the United States. Exceptions to this
procedure are in cases involving A, G, C-2, C-3, North American Treaty
Organization (NATO), diplomatic, or official visas, when a report would be
required.
b. Unavailable
(1) (U) Full name of alien,
including aliases;
(2) (U) Date and place of
birth;
(3) (U) Country of nationality
and residence;
(4) (U) Date of issuance or
transfer of visa, date of expiration of visa, number of applications for
admission, and visa symbol;
(5) (U) Place of visa issuance
or transfer;
(6) (U) Type, number, and date
and place of issuance of passport;
(7) (U) All sections of law
under which the alien is ineligible or is thought to be ineligible;
(8) (U) A full report of the
information upon which the finding of ineligibility is based and the consular
officers comments, together with a statement as to whether the information may
be furnished DHS and used as a basis for questioning the alien. Considerations
of national security, foreign policy, protection of sources, and the like may
warrant not advising the alien of certain information;
(9) (U) If available, the
means of transportation, prospective date and port of arrival, and the aliens
address in the United States;
(10) (U) Posts should indicate
that the subject has been entered into CLASS; and
(11) (U) Any other pertinent
information, including consular officers recommendations or suggested course
of action to be followed by the Department and DHS.
9 FAM 403.11-4(C) (U) Revoking
Visas in Sensitive Cases
9 FAM 403.11-4(C)(1) (U)
Keeping Department Informed in High Profile Cases
(CT:VISA-50; 02-22-2016)
(U) You should be alert to the
political, public relations, and law enforcement consequences that can follow a
visa revocation, and should work with the Department to ensure that all legally
available options are fully and properly assessed. The revocation of the visa
of a public official or prominent local or international person can have
immediate and long-term repercussions on our political relationships with
foreign powers and on our public diplomacy goals in a foreign state. The visa
laws must be applied to such persons like any others, recognizing that certain
visa categories, particularly As and G's, are not subject to the same
standards of inadmissibility as others. Precipitant action must nevertheless be
avoided in such high profile visa cases and post should seek the Departments
guidance prior to any visa revocation unless unusual and exigent circumstances
prevent such a consultation. Consultation both within the mission and with the
Department may result in a decision that the Department, rather than the consular
officer, should undertake the revocation, since Department revocations pursuant
to the Secretary's revocation authority provide more flexibility in managing
the relevant issues.
(1) (U) When
To Consult With the Department:
(a) (U) You are responsible for
keeping the Department (CA/VO/SAC) and the appropriate country desk) informed
of visa actions that may affect our relations with foreign states or our public
diplomacy, or that may affect or impede ongoing or potential investigations and
prosecutions by U.S. and other cooperating foreign law enforcement agencies.
(b) (U) This is particularly
true when you use the power granted them under INA 221(i) as implemented in 22
CFR 41.122 and this section, to revoke the visas of officials of foreign
governments, prominent public figures, and objects or potential objects of U.S.
and foreign criminal investigations.
(c) (U) In such cases, you
should seek the Department's guidance prior to any visa revocation unless
unusual and exigent circumstances prevent such a consultation. In the rare
cases in which advance consultation is not possible, you should inform the
Department as soon as possible after the revocation. Direct such cables to
CA/VO/SAC, and the appropriate country desk.
(2) Unavailable
9 FAM 403.11-4(C)(2) (U)
Diplomatic and Official Visas
(CT:VISA-1; 11-18-2015)
(U) You must keep in mind that
most A, G, C-2, C-3, and North Atlantic Treaty Organization (NATO) visa
categories are exempt from most INA 212(a) ineligibility provisions per 22 CFR
41.21(d). Precipitant action must be avoided in cases involving foreign
government officials and other prominent public figures. Consultations at post
and with the Department might result in the decision that the Department,
rather than the consular officer, should undertake the revocation. The
Department's revocation authority provides more flexibility in managing
relevant issues. For example, Department revocations may be undertaken
prudentially, rather than on the basis of a specific finding of ineligibility,
and are not subject to the 22 CFR 41.122 requirement with respect to
notification to the alien.
9 FAM 403.11-4(C)(3) (U)
When Revocation Subject is Subject of Criminal Investigation
(CT:VISA-1; 11-18-2015)
a. (U) In cases in which the
alien whose visa is revocable is also the subject of a criminal investigation
involving U.S. law enforcement agencies, action by a consular officer without
prior Department consultation and coordination could:
(1) (U) Jeopardize an ongoing
investigation;
(2) (U) Prejudice an intended
prosecution;
(3) (U) Preclude apprehension
of the subject in the United States;
(4) (U) Put informants at
risk; or
(5) (U) Damage cooperative law
enforcement relationships with foreign police agencies.
b. (U) When you suspect that
the visa revocation may involve U.S. law enforcement interests, you should
consult with the law enforcement agencies at post and inform the Department (CA/VO/SAC)
as applicable, of the case and of post's proposed action, to permit
consultations with potentially interested entities before a revocation is made.
c. (U) In deciding what cases
to report in advance to the Department, posts should err on the side of
prudence. It is always better to report cases requiring no Department action
rather than having to inform the Department after the fact in a case that has
adverse consequences for U.S. law enforcement or diplomatic interests. Posts
should contact CA/VO/SAC. Posts may wish to notify other functional bureaus,
as appropriate.
9 FAM 403.11-5 (U) Revocation of
Visas by the Department
(CT:VISA-1; 11-18-2015)
a. (U) When the Department
revokes a visa, a front channel cable will be sent to post notifying them of
the revocation when possible and furnishing a point of contact in the Visa
Office.
b. (U) Although the Department
is not required to notify the alien of a revocation done pursuant to the
Secretary's discretionary authority, unless instructed otherwise, posts should
do so, especially in cases where the revoked visa was issued to a government official.
Posts should then send a front channel cable to the Departments point of
contact and provide information on any action taken.
9 FAM 403.11-5(A) (U) Notice
to Department of Alien in United States
(CT:VISA-1; 11-18-2015)
a. (U) Whenever you believe
that an alien, whose visa is subject to revocation, has commenced an
uninterrupted journey to, or, is already in the United States and physical
cancellation of the visa is not possible, the officer should immediately inform
the Department (CA/VO/SAC) of the grounds of ineligibility or other adverse
factors, and furnish the information called for by 9 FAM
403.11-4(B)(2) above. New ineligibilities and other pertinent derogatory
information should be entered into CLASS. In addition, if you are aware of
reasons making it desirable to permit the alien to complete the temporary stay,
the officer should report them to the Department (CA/VO/SAC). In no case
should you communicate the findings to the alien concerned. You should
not prepare a Form DS-4047, unless instructed to do so by the Department.
b. (U) Upon receipt of your
report, the Department will decide whether the visa should be revoked and, if
so, ask DHS to cancel it physically immediately or at such time as the alien
may again present the visa at a POE. The Deputy Assistant Secretary (DAS) for
Visa Services makes the decision to revoke a visa. Alternatively, the
Department may inform DHS of the data submitted and give DHS an opportunity to
initiate proceedings under the pertinent provisions of INA 237 (Classes of
Deportable Aliens). If the latter course is followed, the Department will
request that DHS advise the Department of the alien's date of departure and
destination, so that, after the alien's departure from the United States, the
visa may be physically canceled.
9 FAM 403.11-5(B) (U)
Prudential Revocations
(CT:VISA-50; 02-22-2016)
a. (U) Although consular
officers generally may revoke a visa only if the alien is ineligible under INA
212(a) or is no longer entitled to the visa classification, the Department may
revoke a visa if an ineligibility or lack of entitlement is suspected, or for
virtually any other reason. This is known as a prudential revocation. In
addition to the conditions described in 9 FAM
403.11-5(A) above, the Department may revoke a visa when it receives
derogatory information directly from another U.S. Government agency, including
a member of the intelligence or law enforcement community. The process is
initiated when CA/VO/SAC receives derogatory information, usually through the
Bureau of Intelligence and Research (INR) or from the Department of Homeland
Security often in connection with a request for visa revocation. These
requests are reviewed by the Visa Offices Revocations Team in CA/VO/SAC/RC, which
forwards an electronic memo requesting revocation to a duly authorized official
in the Visa Office, along with a summary of the available intelligence and/or
background information and any other relevant documentation. When
approval for revocation has been given, the subjects name is entered into
CLASS and the revocation is communicated within the Department and to other
agencies by the following means:
(1) (U) The file is reviewed
by the revocations team lead to ensure that the subject has been entered into
CLASS under the appropriate code. For a prudential revocation, the VRVK
code will be entered as well as any applicable quasi-ineligibility (P) code
that corresponds to the suspected ineligibility. In the case of a
prudential revocations based on derogatory information forwarded to VO the
applicable P code will be entered as well as VRVK."
(2) (U) A Departmental request
to post to attempt to notify the visa holder of the revocation is sent to the
issuing post, DHS, and, when the revocation relates to INA 212(a)(3)(A) or (B)
and originates from either the Terrorist Screening Center (TSC) or a Joint
Terrorism Task Force (JTTF), notification should be sent to those entities as
well.
(3) (U) Silent Revocation: If
law enforcement interests require that the subject remain unaware of U.S.
Government interest, post will be informed of the revocation but instructed not
to notify the subject, through a silent revocation.
b. Unavailable
c. (U) Prudential Revocation for
Driving Under the Influence: Either Post or the Department has the
authority to prudentially revoke a visa on the basis of a potential INA
212(a)(1)(A) ineligibility when a
Watchlist Promote Hit appears for an arrest or conviction of driving under the
influence, driving while intoxicated, or similar arrests/convictions (DUI) that
occurred within the previous five years. This does not apply when the arrest
has already been addressed within the context of a visa application; i.e., the
individual has been through the panel physician's assessment due to the
arrest. This does not apply to other alcohol related arrests such as public
intoxication that do not involve the operation of a vehicle. Unlike other
prudential revocations, consular officers do not need to refer the case to the
Department, but can prudentially revoke on their own authority. Post should
process the revocation from the Spoil tab NIV and add P1A3 and VRVK lookouts
from the Refusal window.
9 FAM 403.11-6 (U)
Reconsideration of Revocations
9 FAM 403.11-6(A) (U)
Recommendations for Waivers in Revocation Cases
(CT:VISA-402; 07-14-2017)
a. Unavailable
b. (U) Waiver procedures are
described here on the premise that action to revoke a visa has not been made.
If a visa has been revoked then reinstatement procedures (see 9 FAM
403.11-6(B) below) are needed to undo a revocation. If a waiver is
obtained, you must enter the notation on the visa as required by 9 FAM
403.9-5(F). A waiver for an
ineligibility under section 212(a)(3)(B) of the INA must be requested by the
Department. If the waiver limits the number of applications for entry, this
information should be included in the notation; for example, single entry or
two entries. The alien is to be informed that the visa will be valid only
for the period and number of applications for admission authorized by the
waiver.
9 FAM 403.11-6(B) (U)
Reinstatement Following Revocation
(CT:VISA-1; 11-18-2015)
(U) If a visa has been revoked and
you subsequently determine that the reason for revocation has been overcome and
the alien is no longer ineligible, and that the visa has not been physically
cancelled, then the visa should be reinstated in accordance with the
appropriate procedure as indicated below, and, in all applicable cases, the
procedures listed below should be taken promptly. Posts should submit CLOK
removal requests for any revocation-related entries (or contact the Department
for entries with DPT refusal sites), and contact the CA Service Desk for
removal of the red REVOKED banner from any applicable NIV records.
(1) (U) If
Visa Has Been Revoked But No Further Action Taken: If a Form DS-4047,
Certificate of Revocation of Visa by Consular Officer, has been prepared in
accordance with 9 FAM
403.11-3(A) above, but a copy has not been sent to the Department, if the
visa has not been physically canceled, and if notices of revocation have not
been sent, a brief summary of the pertinent facts is to be entered on the Form DS-4047,
indicating that the revocation was withdrawn.. If post had already notified
the Department or other posts of the revocation, post should notify the
Department (and any relevant posts) of the reinstatement by telegram as
follows:
CVIS; ADVISORY OPINIONS, VISAS, BASIS
FOR REVOCATION, NIV, JOHN DOE, OVERCOME, REINSTATED THIS DATE.
(2) (U) If
Visa Has Been Revoked and Notices of Revocation Sent:
(a) (U) If the visa has not been
physically canceled, but notices of revocation have been sent and the alien has
departed, or if the aliens departure cannot be determined, the Department is
to be promptly notified by telegram as follows:
CVIS: ADVISORY OPINIONS, VISAS, BASIS FOR REVOCATION,
NIV, JOHN DOE, OVERCOME, REINSTATED THIS DATE.
(b) (U) Any other post involved
in the revocation action should be made an INFO addressee of this cable.
Notices of reinstatement should be sent by the most expeditious secure means to
all parties notified of the revocation.
(3) (U) If
Visa Has Been Revoked and Physically Canceled: If a visa has been
revoked, notices of revocation sent, the telegraphic report described in 9 FAM
403.11-4(A)(3) above has been made, and the revoked visa physically canceled,
the alien may apply for a new visa; however, they may not travel on the
physically cancelled visa.
(4) (U) If at
Stopover Location Revocation Appears Overcome: Upon interviewing the
alien, should the stopover post conclude that the basis for revocation has been
overcome, the alien is no longer ineligible, and the visa has not been
physically cancelled, reinstatement of the visa in accordance with 9 FAM
403.11-6(A) above may be warranted. The stopover post should inform the
revoking post in detail of its findings, addressing an info copy to the
Department (CA/VO/SAC). Such a report could form the basis for reinstatement
of the visa initiated by the revoking post or the stopover post, provided that
it had the concurrence of the revoking post. If posts have a difference of
opinion, the case should be submitted to the Department (CA/VO/L/A for
non-security related revocations or CA/VO/SAC for security, foreign policy, or
human rights related revocations) for determination. Should a determination to
reinstate the visa be made, the revoking post, which may be presumed to hold
the bulk of pertinent data on the case, would have the responsibility to take
the reinstatement actions described above, and update and revise entries in
CLASS.
9 FAM 403.11-7 (U) Actions by
DHS
9 FAM 403.11-7(A) (U)
Cancellation of Visas by Immigration Officers Under 22 CFR 41.122(h)
(CT:VISA-1; 11-18-2015)
a. (U) When a
visa is canceled by a DHS officer, one of the following notations will normally
be entered in the aliens passport:
(1) (U) Canceled. Adjusted;
(2) (U) Canceled. Excluded.
DHS (Office) (Date);
(3) (U) Canceled. Application
withdrawn. DHS (Office) (Date);
(4) (U) Canceled. Final order
of deportation/voluntary departure entered DHS (Office) (Date) Canceled. Departure
required. DHS (Office) (Date);
(5) (U) Canceled. Waiver
revoked. DHS (Office) (Date); and
(6) (U) Canceled. Presented
by impostor. DHS (Office) (Date).
b. (U) Except when a visa is
canceled after the aliens status has been adjusted to that of a permanent
resident, DHS will directly inform the consular office which issued the visa of
the cancellation action. Form I-275, Withdrawal of Application/Consular
Notification, will be used to inform consular officers at the issuing office of
the cancellation action. Form I-275 and any other attached forms should not be
released to aliens or their representatives.
9 FAM 403.11-7(B) (U) Voidance
of Counterfeit Visas
(CT:VISA-1; 11-18-2015))
(U) When DHS has determined
through examination that a visa has been altered or is counterfeit, it will
void the visa by entering one of the following notations on the visa page,
together with the action officers signature, title, and office location:
(1) (U) Counterfeit visa per
testimony of alien (file number); or
(2) (U) Counterfeit visa per
telecon, letter, telegram, e-mail from U.S. Embassy (U.S. Consul).