In recent times, there has been an increase in reports of H-1B visa holders receiving notices of visa revocation due to past interactions with law enforcement. This can happen regardless of whether the interaction led to a conviction, occurred years ago, or was previously disclosed in visa applications.
Here’s what you need to know about prudential visa revocation and its implications for H-1B visa holders.
What is Prudential Visa Revocation?
Prudential visa revocation is a discretionary action by the Department of State (DOS) to revoke a visa based on certain conditions or suspicions, without necessarily determining the visa holder’s ineligibility. This type of revocation is effective only upon the visa holder’s departure from the United States. While the individual remains in the U.S., their status is not immediately affected, but the visa is automatically revoked once they leave the country
Why Does It Happen?
Prudential revocation often occurs if an individual has been charged with certain offenses, such as DUI or fraud-related cases. It can also happen even if the case is still pending or later resolved. The revocation is based on derogatory information or other concerns that may not immediately render the individual inadmissible but warrant further scrutiny
Impact on H-1B Visa Holders
For H-1B visa holders in the United States, a prudential visa revocation does not affect their lawful stay or presence in the country. However, it could impact their future re-entry into the United States or their ability to obtain a new visa. If the individual leaves the U.S., the revocation becomes effective immediately, and they may face challenges when attempting to return.
What Should You Do?
If you are an H-1B visa holder facing criminal charges or have had a criminal charge in the past, it is crucial to consult with an immigration attorney before traveling. It is also important to consult with an immigration attorney before extending your H-1B status as we are seeing an increased number of individuals receiving biometrics notices based on pending or completed criminal charges.
The attorneys at Kolko & Casey, PC are ready to consult with you about your H-1B status and visa eligibility. Please give us a call at (303) 371-1822
About the Author
Petula McShiras is a Senior Associate Attorney at Kolko & Casey, P.C. Petula specializes in employment based, naturalization and family based immigration matters.
