Permanent Residency Lawyer in Colorado
Many people wonder why a CBP agent cancels a visa and what you can do to get it back. Well here in this blog we will explain everything you need to know to avoid any situation that may jeopardize your right to enter the United States through a tourist visa.
What are the reasons for cancellation of an American visa?
FIRST, it is necessary to know the reasons why a U.S. Customs and Border Protection (CBP) agent can cancel any visa if they find any anomaly at the time of your entry or exit of the United States, since the solution you may have depends on it.
If any of the following events occur, your visa may be cancelled and in many cases with a permanent penalty:
- Staying in the U.S. longer than allowed. Remember that you can stay in the U.S. for up to 30 days if you are visiting the border area, or for the time indicated on the entry stamp affixed by the official.
- Giving false information to a Customs and Border Protection (CBP) officer.
- Using the SENTRI lane without being authorized to do so.
- Committing a crime in the U.S.
- Misplacing your U.S. visa and failing to report it to the proper authorities.
- Traveling to the U.S. with prohibited items such as weapons, explosives, drugs or without declaring sums greater than $10,000 dollars.
- Claiming to be a U.S. citizen without being a U.S. citizen or lending your visa to someone else.
- Using the tourist visa for lucrative purposes such as working or buying merchandise for resale.
- Helping people cross into the U.S. who do not have the proper immigration documentation.
- Studying on a tourist visa
- If you have a pending or unresolved legal proceeding before a federal, state or local court in the U.S.
- Enrolling your children in U.S. schools on tourist visas.
- For pregnant women, giving birth in the U.S. without paying medical bills, as well as accepting Medicare assistance.
- Not paying traffic tickets, driving without a license, license plates or insurance.
- Have previous deportations
For any of these offenses committed, the punishment of cancellation can range from 3, 5, 10 years of not being able to return to the United States or even up to a permanent bar.
Can I apply for a waiver to get my tourist visa back?
Probably. The first thing to do will be to find out the real reason why CBP cancelled the visa.
Once you have identified the problem, you will have to validate if you are ELIGIBLE for a waiver, since not all persons or crimes are eligible for a waiver. In many instances a person who is not eligible for a waiver will have to wait the necessary punishment time to reapply for a visa. CBP is the only one who can decide whether or not to reinstate your visa.
If you do not know whether or not you are eligible for a waiver to reinstate a visa, we recommend that you first serve the punishment you were given, then apply for a visa application at the American embassy in your home country and upon being interviewed by a consular officer, state that you need their advice to see if you are eligible for a waiver. In addition, it is recommended that you demonstrate permanent roots in your home country such as: formal work, family, property titles, bank accounts, academic degrees, etc. You can also demonstrate humanitarian reasons, health reasons, or any other reason you have that does not signify an overstay or unlawful stay.
What if my visa has a CWOP stamp?
There are occasions when the customs officer cancels a visa but includes the acronym CWOP “Cancelled without prejudice”. This means that the cancellation of the visa will NOT have any negative effect on the visa renewal application in the future.
The reasons for receiving a CWOP may be:
- That the visa has expired.
- It has some data error either in the name, date of birth or any other error of administrative or paperwork origin.
If you receive a stamp or inscription like the image above, you will simply have to renew or apply for a new visa, since the current one was CANCELLED without prejudice.