Can I appeal the cancellation?

Dear Mrs Walker-Huntington,

I am seeking your advice on how to proceed with appealing the cancellation of my United States (US) visa, due to suspicion of unlawful employment.

My visa was cancelled in August this year when I arrived at the airport in Fort Lauderdale, Florida. The reason for the suspicion is because I stayed four months on my visa last year and they assumed that I was working because I mentioned about helping a friend to do some painting.

I am kindly seeking your advice in the matter of appealing, or you can give me your professional advice.

I eagerly await your response. Thanks in advance for your assistance.

ES

Dear ES,

Unfortunately, you cannot appeal the cancellation of a non-immigrant (visitor’s) visa. A US non-immigrant visa is a privilege, not a right – it can be granted, denied or cancelled for any reason.

In your instance, you have violated the visa you were given on a couple of basis. One is that when you arrived at the airport in 2019, you probably told the Customs and Border Protection (CBP) officer that you were coming to the United States for a visit, and I doubt that you told the officer that you were going to stay in America for four months. When a visitor arrives in the United States with a US visa, they are often given six months as the duration of stay, although they said they were visiting for a lesser period. The six months is given as a convenience to the visitor, in the event they must stay beyond the one or two weeks of their vacation. So many persons see the six months and think they can extend their stay, and if they do not stay beyond the six months, that is, overstay – they are in compliance with their visa.

Second, you did work in the United States if you helped a friend on a painting job and received money for your assistance. Some only consider it working if you report to a job every day and are paid regularly. ‘Working’ is any labour performed in exchange for compensation. Many persons have lost their visas because they mistakenly believe that they only occasionally assisted someone or accompanied someone on a job and only got a small amount of money. Working while in the United States on a visitor’s visa is a violation of that visa and can, and will, lead to the cancellation of the visa or a renewal denial.

There is almost always an automatic assumption that a person who spends four months in America worked during that period, because not many persons can afford to take four months off from work without any income. I strongly suggest to persons who can afford to take months off from their work or business to ensure that they travel with evidence of how they supported themselves in America during any period of extended stay.

When a non-immigrant visa is cancelled or denied, the applicant can reapply with a non-immigrant waiver if they have evidence to refute the reason for the cancellation or denial, and they can prove that they are not a danger to the United States. Even then, it is not guaranteed that the visa will be reissued.

Dahlia A. Walker-Huntington, Esq is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a mediator and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.com