H1B Visa Revoked by USCIS. What Are My Options?

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If your H1B visa has been revoked by USCIS, it’s crucial to understand the implications and the steps you can take to address the situation.

Reasons for H1B Visa Revocation

USCIS may revoke an H1B petition for various reasons, including:​

  • Violation of Visa Terms: Engaging in work outside the scope of your approved petition, such as working in a different role or location, can lead to revocation. ​
  • Employment Termination: If your employment ends, your employer is required to notify USCIS, leading to the withdrawal of the petition. ​
  • Employer Non-Compliance: If your employer fails to meet obligations like paying the required wage or maintaining proper working conditions, USCIS may revoke the petition.
  • Fraud or Misrepresentation: Providing false information or failing to disclose material facts in your petition can result in revocation. ​
  • Criminal Issues: Speeding tickets, shoplifting, DUI, DWI, misdemeanor can all result in H1B visa revocation.

Immediate Consequences

Upon revocation:​

  • Loss of H1B Status: Your legal status tied to the H1B ends immediately.​
  • 60-Day Grace Period: You have up to 60 days or until your I-94 expires (whichever is shorter) to take action, such as finding a new employer to sponsor you, changing your visa status, or preparing to leave the US. ​
  • Impact on Dependents: Dependents on H4 visas may also lose their status if you don’t maintain lawful status.

Steps to Take After Revocation

  1. Seek New Employment: If you find a new employer willing to sponsor you, they must file a new H1B petition. If filed within the grace period, you can begin working as soon as USCIS receives the petition. ​
  2. Change Visa Status: Consider switching to another nonimmigrant status, such as F1, H4 or B1/B2.

Have Your H1B Visa Been Revoked? Contact Us Today

If your H1B visa has been revoked, don’t panic. Time is critical and acting quickly can improve your chances of success. Contact my office immediately at 305-515-0613 or info@messersmithlaw.com for a consultation. We have extensive experience helping individuals fight H1B revocations and regain their legal status the US.

Notice to Alien Ordered Removed/Departure Verification

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What Is a Notice to Alien Ordered Removed/Departure Verification?

A Notice to Alien Ordered Removed/Departure Verification (Form I-296) is issued by US Immigration and Customs Enforcement (ICE) or US Customs and Border Protection (CBP) when a foreign national has been ordered removed from the United States. This document serves as official proof that a removal order has been executed, meaning the individual has been physically removed from the US or has departed voluntarily under an order of removal.

Receiving this notice can have serious immigration consequences, including:

  • Bars on Re-entry: Most removal orders carry a five, ten, or even a permanent bar on returning to the U.S.
  • Future Visa Denials: A removal record can make obtaining a visa or green card extremely difficult.
  • Complications for Waivers and Appeals: If not handled properly, the removal can impact future waiver applications and motions to reopen.

Why You Need an Immigration Attorney

If you have received a Notice to Alien Ordered Removed/Departure Verification (Form I-296) or were deported from the US, you may still have legal options. Depending on your situation, you may be able to:

  • Challenge an expedited removal order
  • Apply for a waiver to return to the U.S.

The key is acting quickly as delays can make it harder to fix your immigration status.

Call my office now at 305-515-0613 or email info@messersmithlaw.com for a consultation. We have successfully helped clients fight removal orders, obtain waivers, and regain entry to the US Let us help you navigate your immigration options today.

Overcoming INA 212(a)(9)(B): Waivers and Challenging Unlawful Presence Bars

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INA 212(a)(9)(B) imposes significant penalties on individuals who accrue unlawful presence in the United States and later seek admission. This provision establishes three and ten year bars for those who have been unlawfully present for more than 180 days or one year, respectively. While these bars can disrupt immigration plans, it is often possible to overcome them through waivers or by challenging the determination of unlawful presence.

For individuals facing a three or ten year bar under INA 212(a)(9)(B), waivers are available in certain circumstances. The most common waiver is for applicants who can demonstrate that their absence would cause extreme hardship to a qualifying relative, such as a US citizen or lawful permanent resident spouse or parent. Evidence of hardship may include financial, medical, or emotional challenges that the qualifying relative would face due to the separation. Waiver applications must be supported by compelling documentation and require careful legal preparation to succeed.

It may also be possible to challenge the determination of unlawful presence or the application of the bar itself. For example, not all time spent in the US without status counts as unlawful presence under the law. Certain periods may be exempt, such as time spent as a minor or while a timely application for adjustment of status was pending. Additionally, errors in calculating unlawful presence or misinterpreting the applicant’s immigration history may provide grounds for challenging the determination.

Navigating the complexities of INA 212(a)(9)(B) requires a thorough understanding of the law and a strategic approach to presenting your case. Whether you are seeking a waiver or disputing the determination of unlawful presence, experienced legal guidance can make all the difference. Contact my office today to discuss your case and explore your options for overcoming this ground of inadmissibility. Together, we can work toward securing your immigration goals.

If you or someone you know is affected by this provision, contact my office today. You can reach us at 305-515-0613 or info@messersmithlaw.com. We are here to assist you.

Visa Revoked Due to DUI – What Should I Do Now?

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If you’ve been notified that your visa was revoked because of a DUI arrest or conviction, you’re probably feeling overwhelmed and unsure about your immigration future. Whether you hold a B1/B2, F1, H1B, L1, J1, or other nonimmigrant visa, a DUI can trigger automatic visa revocation, often without a hearing or warning. The first thing to know is this: visa revocation does not always mean you are out of status, especially if you’re still in the US You may still have legal options to remain in valid status, reapply for a visa, or respond to consular requirements but time is critical.

Over the past several months, the US government has taken a much stricter approach to DUIs involving visa holders, especially after implementing the prudential visa revocation policy. Under this policy, the Department of State often revokes visas automatically upon notification of an arrest, regardless of the outcome of the case. That means even if you weren’t convicted, or if the charges were reduced, your visa could still be canceled. Many clients don’t find out until they try to reenter the US or receive an email from the consulate. In most cases, they are later required to submit court documents, undergo a medical exam, and apply for a new visa.

This has become more common with increased data sharing between law enforcement and immigration authorities, and particularly with certain US embassies applying extra scrutiny to DUI related cases. Students, professionals, and visitors have all been affected. Unfortunately, a single mistake, even a first offense, can now create serious immigration consequences. But we’ve helped many clients in this exact situation navigate the process, respond to consular demands, and secure new visas. The key is to handle it the right way, from the start.

If your visa has been revoked due to a DUI, don’t wait until your next trip or interview to find out what’s required. Call my office at (305) 515-0613 or email info@messersmithlaw.com to discuss your case. We can help you understand your options, collect the right documents, and protect your ability to live, study, or work in the US Let us guide you through this and get your status back on track.

Section 212(a)(7)(A)(i)(I) & 212(a)(7)(A)(i)(II) Successful Cases

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Section 212(a)(7)(A)(i)(I) & 212(a)(7)(A)(i)(II) of the Immigration and Nationality Act (INA) renders an immigrant inadmissible if, at the time of application for admission, they lack a valid, unexpired immigrant visa or other required entry documents.

This provision applies exclusively to intending immigrants. Nonimmigrants are subject to different documentation requirements under INA 212(a)(7)(B).

Under INA 212(k), the Department of Homeland Security (DHS) may, at its discretion, waive this ineligibility for an immigrant visa applicant who was unaware of their ineligibility and could not have reasonably detected it. Such waivers are typically granted in cases where the applicant had no prior knowledge of the documentation deficiency and had no means to ascertain it. ​

Successful Cases:

Case 1:

A client attempting to enter the United States to visit her boyfriend was denied entry by Customs and Border Protection (CBP), citing INA 212(a)(7)(A)(i)(I). Her B-2 tourist visa was subsequently revoked.  She reapplied for a B2 visa and was refused under INA 214(b). After consulting with us, we successfully assisted her in obtaining a new B-2 visa, enabling her to visit her boyfriend.

Case 2:

A client from the United Kingdom sought entry into the U.S. under the Visa Waiver Program but was denied by CBP, citing INA 212(a)(7)(A)(i)(I) and INA 212(a)(2)(D)(i), resulting in a five-year entry ban. CBP suspected her of engaging in prostitution without substantial evidence. We intervened by presenting a robust legal argument that clarified the misunderstanding. Consequently, CBP rescinded the charges, and she regained her eligibility to enter the United States.​

Case 3:

An H-1B visa holder was refused entry under INA 212(a)(7)(A)(i)(II) and INA 212(a)(6)(C)(i). The employer had changed the end client without informing him prior to his travel to the U.S., leading CBP to suspect fraud due to the end client change. We provided compelling evidence demonstrating the client’s lack of intent to deceive. This clarification led to a favorable resolution of his case.​

Need Help Removing 212(a)(7)(A)(i)(I) & 212(a)(7)(A)(i)(II) Charges? Contact Us Today

If you have been refused entry due to 212(a)(7)(A)(i)(I) or 212(a)(7)(A)(i)(II), you still have options. Whether you qualify for a legal challenge, a waiver, or a new visa we can help you overcome this problem and regain your immigration status. Call my office at (305) 515-0613 or email info@messersmithlaw.com to discuss your case. We can help you understand your options, collect the right documents, and protect your ability to live, study, or work in the US Let us guide you through this and get your status back on track.

Visa Revoked for Speeding – What Should I Do?

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If your B1/B2, F1, H1B, L1, O1, E2, J1, or J2 visa was revoked because of a speeding incident, you’re not the first and you’re definitely not alone. We’ve seen an increasing number of international visa holders and students have their visas canceled over traffic related issues, especially in cases involving:

  • Reckless driving (such as going 30 mph or more over the limit)
  • Driving without a license or insurance
  • Alcohol or drug-related citations
  • An arrest, even if it didn’t lead to a conviction

Was It Just a Ticket or Were You Arrested?

If it was just a speeding ticket and you were not arrested, there’s a good chance that you’re still in valid status inside the US even if your visa has been revoked. Many people mistakenly believe that visa revocation cancels their stay, but that’s not always true if you’re already in the U.S. and continuing to follow the rules of your visa category.

If you were arrested, even for a misdemeanor, that’s a different story. Under the prudential revocation policy, the US Department of State often revokes visas as a precaution even if charges are dropped. In these cases, the consulate may request court records, a police report, or even a medical exam, especially if alcohol or drugs were involved.

What Are My Options Now?

If you’re still in the US, a visa revocation doesn’t necessarily mean you have to leave. We’ve helped clients in your situation remain in legal status and fix the issue without departing the country. It’s important to review your I-94 and make sure your stay is still authorized. If it is, we may be able to prepare you for a strong visa reapplication when you’re ready to travel again.

If you’re outside the US, a revoked visa means you’ll need to reapply before coming back. If there was an arrest, the consulate will likely require supporting documents, such as disposition records from the court, and may schedule you for a panel physician exam if drugs or alcohol were involved. We’ve helped clients prepare these packages carefully and successfully obtain new visas, even after revocation.

Don’t Let a Speeding Violation Derail Your Plans

A single mistake shouldn’t end your future in the US but the key is acting early and strategically. We’ve helped clients with visa revocations related to speeding and minor driving incidents get back on track, both from inside the US and abroad.

Call our office today at (305) 515-0613 or email info@messersmithlaw.com to schedule a consultation. We’ll walk you through what to expect, what documents you may need, and how to position your case for a smooth recovery.

F1 Visa Revoked – What Should I Do Now?

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If you’ve just found out that your F1 visa has been revoked, you’re probably feeling shocked and unsure of what to do next. Whether it happened while you were traveling or you received a sudden email from the government or your school, visa revocation can disrupt your entire academic future. The good news is that in many cases, there’s a path forward but you need to act fast.

Why Was My F1 Visa Revoked?

F1 visas can be revoked for several reasons, and often without much explanation. Common causes include:

  • Working without proper authorization;
  • Dropping below a full course load without prior approval;
  • Facing criminal charges or even just being under investigation;
  • Overstaying your authorized period; and
  • Administrative changes or unexplained policy shifts.

In some cases, it’s triggered by a mistake, a misunderstanding, or something that happened months or even years earlier. Unfortunately, students aren’t always told clearly what the reason was. Sometimes the revocation notice is vague or based on old records that are no longer accurate.

What Are My Options?

If you are currently inside the US, having your visa revoked does not necessarily mean you are out of status. The visa is only for entry. It’s not the same as your I-20 or SEVIS status. You may still be in valid F1 status and eligible to stay. In the past, we’ve helped clients resolve the issue and remain in the US without leaving.

If you are outside the US, a revoked visa means you won’t be allowed to re-enter until you apply for a new one. In many cases, we’ve helped students rebuild their visa eligibility, address the revocation reason directly, and successfully apply for a new F1 visa. Every situation is different, but these cases can often be fixed.

Take Action Now

We’ve seen an increase in F1 visa revocations. Lately it happens quite quickly and without warning, and in many cases they are completely unjustified. If you’ve been affected, it’s important to get experienced legal help right away.

Call my office today at (305) 515-0613 or email info@messersmithlaw.com to schedule a consultation. We’ll go over your case, explain your options, and help you protect your immigration status so you can stay focused on your education and your future.

My SEVIS Is Terminated

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What Should I Do Now?

Over the past month, we’ve seen a dramatic uptick in calls and emails from panicked international students who’ve been blindsided by a message from their school or the US government: “Your SEVIS record has been terminated,” or “Your F-1 visa has been revoked.” Often, there’s no warning. No hearing. No chance to respond. And in many cases, no explanation. If this has happened to you—or to someone you know—you are not alone, and there are still options to overcome this.

What’s Causing These SEVIS Terminations?

The sharp rise in SEVIS terminations and visa revocations didn’t happen overnight. Much of it began during the Trump administration, where immigration policy shifted toward aggressive enforcement. But the trend has continued, with increased scrutiny of foreign students and fewer procedural protections than ever before. We’re seeing terminations based on things as minor as traffic violations, allegations of unauthorized employment, and even social media activity. In some instances, students are being accused of violating status even when they’ve followed the rules.

Universities across the country—large and small—have been caught off guard. We’re working with students from both State schools and Ivy League institutions alike who were told their SEVIS records were terminated without the school having any prior knowledge. Often, it’s only after a student is detained or denied reentry that the issue comes to light. The lack of transparency and due process is deeply concerning.

Does SEVIS Termination Mean You Have to Leave the US?

Not necessarily. Many students are told to leave the country “immediately,” but that’s not always legally accurate. SEVIS termination does not automatically result in a removal order. In some cases, we can file a reinstatement, or challenge the termination entirely, especially when it’s based on vague or incorrect grounds. We’re working with clients today to help them remain in the US, stay in school, and eventually restore their status. The key is to act quickly.

What Are Your Options?

Depending on your specific case, you may have more options than you think.  We may be able to rectify the situation quickly so you do not need to depart.  We may be able to reinstate your visa or pursue other legal options.  

Don’t Wait—Protect Your Future Now

As an immigration attorney who has worked extensively with F-1 students, I know how frightening and disorienting these situations can be. But I also know that with fast, focused legal help, many students are able to stay and continue their education. The key is acting before your options close.

If you’ve received a SEVIS termination or visa revocation notice, do not assume your case is over. Let’s talk about what happened, evaluate your legal position, and plan your next steps. You can contact my office directly at info@messersmithlaw.com or call (305) 515-0613 to schedule a consultation. I’m here to help you stay on track and in status.

Winning Non-Traditional NIW Cases: How We Helped Clients Qualify for the National Interest Waiver

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The National Interest Waiver (NIW) is commonly associated with scientists, researchers, and medical professionals who have extensive publications, citations, and academic credentials. While these applicants often meet the traditional criteria, many highly skilled professionals in other industries lack formal publications but still provide valuable contributions to the United States. Our firm has successfully helped clients from non-traditional fields secure NIWs by demonstrating that their work has a substantial impact on US national security, economic growth, and technological advancement, even without a strong academic record. Below are three cases where we helped clients qualify for an NIW without publications or citations.

Case 1: Financial Technology Expert Preventing Fraud in Digital Banking

A financial technology (FinTech) expert specializing in AI-driven fraud detection models was initially unsure if he would qualify for an NIW because he had no published research or citations. However, his work in developing security algorithms for major US banks had a direct impact on preventing financial fraud and protecting millions of consumers. We structured his petition around the real world impact of his work, emphasizing how his fraud detection technology was already being used in the banking sector to combat cyber threats and identity theft. By demonstrating that his contributions strengthened the US financial system and improved national economic security, we secured his NIW approval without the need for academic publications.

Case 2: Aerospace Engineer Reducing Fuel Costs for Airlines

An aerospace engineer working on fuel-efficient aircraft engine designs came to us after being told that his lack of publications would make his NIW case weak. However, his work had already led to advancements in aircraft fuel efficiency, directly benefiting both commercial airlines and US military aviation by reducing fuel consumption and lowering emissions. We focused his petition on the practical impact of his innovations, highlighting how his engineering solutions were being implemented by major aerospace companies and had the potential to save millions in fuel costs while reducing environmental impact. By showing that his work contributed to US energy efficiency and economic stability, we won his NIW case without relying on academic credentials.

Case 3: Cybersecurity Specialist Protecting U.S. Infrastructure

A cybersecurity specialist focusing on critical infrastructure protection approached us after his NIW was denied due to his lack of academic research or citations. His expertise, however, was instrumental in developing security protocols that protected power grids, government networks, and transportation systems from cyberattacks. We built his NIW case around the national security implications of his work, emphasizing how his contributions directly prevented potential cyber threats to US infrastructure. His work had been recognized by US government agencies and defense contractors, which helped us establish his eligibility. By demonstrating that his cybersecurity advancements were vital to national security, we successfully secured his NIW approval.

Helping Non-Traditional Professionals Win NIW Cases

If you are an expert in your field but lack traditional academic publications or citations, you may still qualify for a National Interest Waiver if your work significantly benefits the US. We specialize in crafting strong petitions for professionals in finance, engineering, cybersecurity, education, healthcare, business, and other industries where practical contributions outweigh academic credentials. If you want to explore your options, call us today at 305-515-0613 or email info@messersmithlaw.com for a consultation. Let us help you build a winning NIW case and achieve your US immigration goals.

INA 212(a)(6)(E) Waiver

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What Is Inadmissibility Under INA 212(a)(6)(E)

Under section 212(a)(6)(E) of the Immigration and Nationality Act, a person can be found inadmissible to the United States for engaging in alien smuggling. This means that at some point, the individual assisted or attempted to assist someone in entering the US illegally. This ground of inadmissibility applies even if no money was exchanged and can include helping family members cross the border without proper documentation.

A finding of inadmissibility under 212(a)(6)(E) carries severe immigration consequences, including:

  • Being barred from obtaining a visa, green card, or other immigration benefits
  • Permanent inadmissibility, unless a waiver is granted or the inadmissibility is rescinded
  • Increased scrutiny at consular interviews or ports of entry

However, for certain individuals, not only is a waiver of inadmissibility is available but we can petition the appropriate government agency to remove the 212(a)(6)(E) charge from their records so it will no longer prevent them from obtaining a US visa and entering the country.

Who Qualifies for a 212(a)(6)(E) Waiver

A waiver for a smuggling-related inadmissibility finding is only available to specific individuals, including:

  • Lawful permanent residents who are applying for reentry
  • Certain visa applicants who are seeking legal entry
  • Spouses, parents, sons, or daughters of US citizens or lawful permanent residents

To be approved for a waiver, the applicant must demonstrate that their removal or continued inadmissibility would cause extreme hardship to their US citizen or lawful permanent resident family members.

Who Qualifies to have their 212(a)(6)(E) Charge Rescinded

Rescinding a smuggling-related inadmissibility finding is available to many individuals, including:

  • Individuals Wrongfully Accused of Smuggling Due to Misinterpretation of Facts
  • Minors Who Were Classified as Smugglers for Actions Taken Under Parental Direction
  • Legal Permanent Residents or Visa Holders Facing Smuggling Allegations Based on Past Conduct That No Longer Applies

Each case is different, and challenging a smuggling determination requires strong legal arguments and supporting evidence. If you or someone you know has been deemed inadmissible under INA 212(a)(6)(E), legal action may be possible to remove the charge and restore immigration eligibility.

How We Have Helped Clients Obtain a 212(a)(6)(E) Waiver

Case 1: African Tourist on a B-2 Visa Wrongfully Accused of Smuggling a Child

A woman from Nigeria traveling on a B-2 tourist visa was accused of alien smuggling under INA 212(a)(6)(E) when she arrived at JFK Airport with her niece, whom she planned to care for during a family emergency. CBP officers suspected that she was bringing the child to the U.S. illegally without proper guardianship or immigration authorization. Despite her explanation, her visa was canceled on the spot, and she was deported with a permanent bar on re-entry.

Her family in the U.S. reached out to us, and we immediately began challenging the smuggling charge. We filed a legal challenge with the Department of State and CBP, demonstrating that she did not engage in alien smuggling. After months of legal advocacy, we successfully removed the 212(a)(6)(E) charge from her record, allowing her to apply for a new visa and regain her ability to travel to the U.S. legally.

Case 2: Waiver Granted for a Mother Who Helped Her Child Enter the U.S.

A mother from Central America entered the U.S. without inspection years ago, bringing her young child with her. When she later applied for a green card through marriage to a U.S. citizen, she was deemed inadmissible under INA 212(a)(6)(E) because the government considered her actions to be alien smuggling.

We filed an I-601 waiver on her behalf, arguing that she was acting in the best interests of her child and not engaging in smuggling for financial gain. We also demonstrated extreme hardship to her U.S. citizen spouse and child if she were denied her green card. The waiver was approved, the smuggling charge was waived, and she obtained her lawful permanent resident status.

Case 3: Business Owner Wrongfully Accused of Smuggling Employees

A foreign entrepreneur with a valid E-2 investor visa was accused of facilitating the illegal entry of workers after a former employee falsely claimed that the business owner had arranged for unauthorized foreign employees to enter the U.S. The consulate revoked his visa and placed a 212(a)(6)(E) bar on his record, preventing him from returning to the U.S.

We gathered documentation proving that all employees were hired legally and that the accusations were false and based on a misunderstanding. After submitting a legal challenge to the U.S. consulate and Department of State, we successfully had the smuggling charge removed, and his visa was reinstated. He was able to return to the U.S. and continue running his business legally.

Need Help Removing a 212(a)(6)(E) Charge? Contact Us Today

If you have been deemed inadmissible under INA 212(a)(6)(E) for alien smuggling, you may still have options. Whether you qualify for a waiver, a legal challenge, or an appeal, we can help you fight the charge and regain your immigration status.

Call us today at 305-515-0613 or email info@messersmithlaw.com for immediate assistance. Let us help you navigate your immigration challenges and fight for your future in the United States.