Immigration Lawyer Peter Messersmith

Peter Messersmith is an attorney located in Orlando, Florida. He has been practicing immigration law since 2002 and has represented thousands of immigrants and US businesses with their immigration needs.

Visa Revocation: Causes, Consequences, and Solutions

by

What Is Visa Revocation?

Visa revocation occurs when the US Department of State or US Customs and Border Protection (CBP) cancels a visa that was previously issued. Unlike visa denial (which happens before a visa is granted), revocation happens after approval, often while the visa holder is in the United States or abroad. A revoked visa is no longer valid for travel, and in many cases, it can have serious immigration consequences.

Common Reasons for Visa Revocation

Several circumstances can lead to visa revocation. Understanding them helps visa holders reduce risks and prepare for possible remedies.

  1. Criminal Charges or Arrests
    DUI arrests, drug-related offenses, or other criminal activity may trigger automatic visa cancellation under INA §214(b) or INA §212.
  2. Immigration Violations
    Overstays, unauthorized employment, or misrepresentation (INA § 212(a)(6)(C)(i)) can result in visa cancellation.
  3. Security and Public Safety Concerns
    If the government determines a person poses a risk to US security or public safety, the visa may be revoked under INA §212(f).
  4. Change in Eligibility
    If a visa holder no longer meets the qualifications (an H-1B worker loses their job), the visa can be revoked.
  5. Administrative or Clerical Errors
    Occasionally, a visa is revoked due to mistakes in issuance, identity confusion, or inaccurate information.

Many people ask us questions like:

  • What happens if my visa was revoked due to DUI or criminal charges?
  • Can I appeal a visa revocation?
  • Can I apply for visa reinstatement or a waiver?
  • Will visa revocation affect my green card eligibility?

The good news is that while you cannot formally appeal most visa revocations, there are legal strategies to overcome them. We have helped many clients secure new visas, request reconsideration, and obtain waivers after revocation.

What Happens After a Visa Is Revoked?

  • Notice of Revocation: Typically sent by the US consulate or discovered at a port of entry.
  • Travel Restrictions: A revoked visa cannot be used for re-entry into the US
  • Impact on Status: If already inside the US, revocation does not automatically terminate lawful status, but it may affect future immigration benefits.
  • Future Visa Applications: A revocation often appears in the State Department’s database, requiring strong explanations in future applications.

Can You Appeal a Visa Revocation?

Unlike visa denials, visa revocations typically cannot be appealed through a formal process. However, we have successfully assisted clients in requesting reconsideration, securing new visas, and obtaining waivers. In other words, there are still viable options. What matters most is presenting strong legal arguments and taking proactive steps to minimize long-term immigration risks.

How to Avoid Visa Revocation

  1. Maintain Lawful Status – Always comply with visa conditions.
  2. Avoid Criminal Issues – Even minor offenses like DUIs can trigger cancellation.
  3. Be Honest in Applications – Misrepresentation is one of the most common revocation triggers.
  4. Stay Informed About Policy Changes – Presidential proclamations or new immigration rules can cause mass revocations like travel bans.

Frequently Asked Questions (FAQ)

1. Does visa revocation mean deportation?

Not necessarily. If you are in the US on valid status, revocation does not automatically deport you but it does affect future travel and applications.

2. Can I apply for a new visa after revocation?

Yes. With correct legal strategies, we still successfully helped many applicants successfully obtain new visas.

3. Will visa revocation affect green card eligibility?

It can affect your green card eligibility. If the revocation was due to misrepresentation, fraud, or criminal issues, it can seriously impact permanent residency eligibility.

4. How do I know if my visa was revoked?

You may receive an email or letter from the US embassy/consulate, or discover it when trying to travel.

If Your Visa Was Revoked, We Can Help

Having your visa revoked is not always the end of the road. We’ve helped clients successfully challenge revocations, obtain new visas, and waivers. The key is to act quickly and strategically.

Take Action Now to Protect Your Immigration Future

Call our office today at (305) 515-0613 or email info@messersmithlaw.com to schedule a consultation. We’ll evaluate your situation, explain your options, and help you take the right steps to protect your future in the US.

I-485 Notice of Intent to Deny Employment-Based: What It Means and How to Respond

by

Applying for a green card through employment is an exciting step toward permanent residency in the United States. But if you’ve received a Notice of Intent to Deny (NOID) on Form I-485, it can feel like your dream is slipping away. The good news is that a NOID is not a final denial. It is your last chance to respond and save your application.

In this guide, we’ll explain what an I-485 NOID means, common reasons it is issued in employment-based cases, and how to prepare a strong response to keep your green card journey on track.

What Is an I-485 Notice of Intent to Deny (NOID)?

A NOID is issued by US Citizenship and Immigration Services (USCIS) when an officer finds serious issues in your adjustment of status application that could result in denial. Instead of rejecting your case immediately, USCIS gives you a limited opportunity to explain or provide new evidence.

For employment-based green card applicants, USCIS may issue a NOID for reasons such as:

  • Problems with the job offer or the employer’s ability to pay wages
  • Concerns about your qualifications for the position
  • Allegations of unauthorized employment or status violations
  • Suspicions of fraud or misrepresentation in prior applications

Common Reasons for Employment-Based I-485 NOIDs

Employer-Related Issues

  • USCIS questions the company’s ability to pay the offered wage, often based on tax returns or financial records.
  • The job description appears inconsistent with the approved labor certification (PERM).

Applicant-Related Issues

  • Unauthorized employment or status violations during your stay in the US
  • Discrepancies in your education, qualifications, or work experience.
  • Criminal history or other grounds of inadmissibility.

Legal Grounds Often Cited

  • INA 212(a)(6)(C)(i): Willful misrepresentation of a material fact.
  • INA 245(a)/(c): Ineligibility to adjust status due to unlawful presence or other restrictions.

How Much Time Do You Have to Respond?

Most I-485 NOIDs give applicants 30 days to respond. This deadline is strict and if you miss it, USCIS will almost certainly deny your case. Acting quickly is critical.

How to Respond to an I-485 NOID

Responding to an I-485 Notice of Intent to Deny (NOID) is not something you should face alone. USCIS expects a detailed and point by point response backed by solid evidence and strong legal arguments. A weak or incomplete reply almost always leads to denial. Our firm has helped countless clients overcome NOIDs by crafting persuasive responses that address USCIS concerns directly and protect their path to a green card. If you’ve received a NOID, time is critical. Contact us today at 305 515 0613 so we can build the strongest possible case for you.

What Happens If You Don’t Respond?

If you fail to respond or provide a weak response, your I-485 will be denied. In some cases, if the NOID cites fraud or misrepresentation under INA 212(a)(6)(C)(i), you could face a lifetime bar from immigration benefits.

How We Help Employment Based Applicants

When employment-based applicants receive a Notice of Intent to Deny (NOID), we step in with the experience and strategy needed to turn cases around. Our team carefully analyzes USCIS’s concerns, gathers the strongest evidence, and prepares persuasive legal arguments to protect your path to a green card. From proving your employer’s ability to pay to defending against allegations of fraud or misrepresentation, we know what it takes to overcome NOIDs and win approvals.

With the right strategy, many of our clients have overcome NOIDs and moved forward to green card approval.

Secure Your Green Card and Contact Us Before It’s Too Late

A Notice of Intent to Deny on your employment-based I-485 is serious, but it doesn’t mean your case is over. With a strong response, supported by clear evidence and legal arguments, you can still win approval.

If you’ve received an I-485 NOID in your employment-based case, act quickly. Contact us today at 305-515-0613 or email info@messersmithlaw.com to start building a strong response before your deadline expires.

214(b) Visa Denial: What It Means and How to Overcome It

by

If you’ve been told your visa was denied under Section 214(b) of the Immigration and Nationality Act, you’re not alone. Thousands of applicants each year, particularly for B1/B2 tourist visas and F1 student visas, receive a 214(b) denial with little explanation. The good news? In many cases, this denial can be overcome with the right legal approach. Maybe you have asked one of the following questions:

  • Can I reapply after 214(b) visa refusal?”
  • “How to overcome 214b visa denial?”
  • “214(b) denied again – what should I do?”
  • What is 214(b) visa refusal?”
  • “Why was my B1/B2 visa denied under 214b?”
  • “what are the rejection reasons for 214(b) F1 visa rejection?”

In this article, we’ll explain:

  • What a 214(b) visa denial means;
  • Common reasons for being denied;
  • Can You Reapply After a 214(b) Denial?;
  • How to Strengthen Your Next Application; and
  • How to Get Help After a 214(b) Visa Denial

What Is a 214(b) Visa Denial?

Section 214(b) of the Immigration and Nationality Act gives US consular officers the power to deny a nonimmigrant visa if they believe the applicant has immigrant intent, which means the officer thinks you intend to stay in the US permanently rather than temporarily.

This section applies most often to:

  • B1/B2 Visitor Visa applicants
  • F1 Student Visa applicants
  • F2 Student Visa Dependent applicants
  • H4 Work Visa Dependent applicants
  • E2 Investment Visa applicants
  • J1 Exchange Visitor Visa applicants
  • J2 Exchange Visitor Visa dependent applicants

Common Reasons for a 214(b) Denial

You might be denied under 214(b) if you failed to convince the consular officer that you will return to your home country after your temporary stay. Common issues include:

  • Weak ties to your home country (family, property, job)
  • Inconsistent travel history or unclear purpose of visit
  • Low financial resources
  • Unconvincing documentation or answers at the interview

Can You Reapply After a 214(b) Denial?

Yes, you can reapply but success depends on whether your circumstances have changed or your application can be better documented or presented. If you go in with the same information, you’ll likely get the same result. We’ve helped clients overcome a 214(b) denial by:

  • Submitting additional evidence of strong home country ties
  • Clarifying inconsistencies from the original interview
  • Correcting errors in previous applications
  • Preparing the client for a stronger second visa interview

How to Strengthen Your Next Application

To increase your chances next time:

  • Be prepared to clearly explain your travel plans
  • Avoid contradictory answers that raise red flags
  • Call us at 305 515 0613 to obtain help from experts

Get Help After a 214(b) Visa Denial

If your visa was denied under 214(b), don’t give up. Many denials can be overturned with better preparation or legal advocacy. At The Messersmith Law, we’ve helped students, professionals, travelers and investors successfully reapply and get their visas even after multiple rejections.

Contact our office today at 305-515-0613 or email info@messersmithlaw.com for a consultation. We’ll help you understand what went wrong, build a stronger case, and guide you every step of the way toward approval.

L1 Visa Refusal – Incomplete Organizational Structure Proof

by

If your L1 visa was refused because you didn’t provide enough evidence of your company’s organizational structure, you’re not alone. One of the most commonly cited reasons for L1 visa denials is insufficient documentation showing how the US and foreign entities are related and how the applicant fits into the organizational hierarchy. Unfortunately, even small gaps in evidence can result in visa refusals under this ground.

Most common questions people ask us include:

  • “What should I do if my L1 visa denied organizational chart missing?”
  • “Can you help me with L1 visa refused due to structure proof”
  • “How to prove qualifying relationship for L1 visa?”
  • “What should I do? My L1 visa denied because of unclear job hierarchy”
  • “What are the L1 organizational chart requirement?”
  • “Can I reapply after L1 visa refusal?”

Why Organizational Structure Matters in L1 Petitions

For an L1 visa to be approved, US immigration authorities must be satisfied that there is a qualifying relationship between the foreign company and the US office. This means one must be the parent, subsidiary, branch, or affiliate of the other. Additionally, you must prove the role offered in the US matches managerial, executive, or specialized knowledge categories.

When companies fail to include clear and detailed organizational charts, job descriptions, or internal hierarchy documents, USCIS or the consulate may:

  • Question the legitimacy of the foreign and US entities’ relationship;
  • Doubt whether the applicant held a managerial/executive role abroad; or
  • Conclude that the position in the US doesn’t meet L1 eligibility standards

We’ve Helped Clients Reapply Successfully

We’ve assisted many clients who were initially refused an L1 visa due to vague or incomplete organizational documents. In several cases, we helped reconstruct detailed charts, supplemented with memos and updated evidence that clarified roles and corporate relationships. After resubmitting the applications, our clients secured approvals and were able to move to the US to begin their new assignments.

If your L1 visa was denied because of insufficient proof of organizational structure, you may still have strong options to reapply or challenge the decision. Contact our office at 305-515-0613 or info@messersmithlaw.com to discuss your case. We’ll help you fix the gaps, build a winning case, and get your career plans back on track.

How Long Does 221(g) Processing Take for H1B? Timelines, Delays, and Solutions

by

If your H1B visa application was refused under section 221(g), you’re not alone. Thousands of applicants each year ask the same question: “How long does 221(g) processing take for H1B?”

The truth is, while a 221(g) refusal is not a denial, the waiting period can be unpredictable and stressful. We’ve successfully helped many H1B applicants resolve 221(g) issues by identifying delays, submitting missing documentation, and communicating directly with consulates and USCIS when necessary.

This guide explains what 221(g) means, how long it usually takes, and what you can do to speed up your case.

What Is 221(g) and Why Does It Happen?

Section 221(g) of the Immigration and Nationality Act (INA) allows U.S. consular officers to place a temporary hold on a visa application when they cannot make a final decision right away.

Common reasons for an H1B 221(g) include:

  • Missing or incomplete documents;
  • Administrative processing or security checks;
  • Questions about the employer and employee relationship;
  • Unclear specialty occupation details; or
  • Verification of client letters or end-client projects

When this happens, you’ll receive a 221(g) notice (sometimes called a “blue slip” or “yellow slip”) that explains what’s missing or under review. Your application remains on hold until the issue is resolved.

Average Processing Times for H1B 221(g)

So, how long does H1B 221(g) processing usually take? Timelines vary widely depending on the consulate, your employer, and the type of review involved:

  • Simple document requests (client letters, contracts): 1–4 weeks
  • Employment verification or complex documentation: 4–12 weeks
  • Administrative processing with security/background checks: 3–6 months (sometimes longer)
  • Cases referred to Washington, D.C. for additional review: Indefinite delays, often exceeding 12 months

Processing times are especially unpredictable at high volume consulates like in India, where many H1B applicants face extended waits.

Can You Speed Up H1B 221(g) Processing?

While you can’t control every aspect of administrative processing, you can take proactive steps to avoid unnecessary delays. The right legal strategy can absolutely shorten delays and prevent your case from stalling indefinitely. Many 221(g) cases drag on because applicants submit incomplete documentation, provide inconsistent answers,

At our firm, we take a proactive approach.

  1. Identify what’s really causing the delay;
  2. Prepare and submit airtight documentation to prevent further requests and avoid red flags like an INA 212(a)(6)(C)(i) misrepresentation finding;
  3. Communicate directly with the consulate or USCIS when appropriate, so your case doesn’t get lost in the system;
  4. Escalate long pending cases if you’ve been waiting 60–90+ days without movement.
  5. We’ve helped H1B applicants in tech, finance, engineering, and healthcare clear 221(g) holds and move forward with their U.S. careers.

With the right strategy, we’ve successfully helped many people stuck in 221(g) administrative processing clear the issue and move forward with their H1B approvals and U.S. career plans

Don’t Let 221(g) Derail Your H1B and Your future

A 221(g) refusal on your H1B visa is frustrating but it doesn’t have to end your journey. With a strategic response and timely legal help, most applicants are able to resolve delays and move forward.

If your H1B 221(g) has been pending more than 60–90 days, call us today at contact us now at 305-515-0613 or info@messersmithlaw.com. We’ll review your case, identify solutions, and fight to get your application back on track.

L1 221(g) Administrative Processing – What You Need to Know

by

If you’ve been told your L-1 visa is in 221(g) administrative processing, you’re not alone and you’re likely searching for answers. Each year, thousands of L-1 applicants are handed a 221(g) slip after their visa interview, meaning their case has been delayed for additional review or documentation. While this isn’t a final denial, it often leads to uncertainty, delays, and even rejection if not handled properly. Many clients have come to us after receiving 221(g) refusals, and we’ve successfully helped them navigate the process and secure visa approvals.

Applicants frequently ask:

  • What is 221(g) administrative processing for L-1 visa?
  • How long does L1 221(g) take?
  • Why was my L-1 visa delayed under 221(g)?
  • Is 221(g) a visa refusal or denial?
  • Can I work or travel during 221(g) processing?
  • What documents are needed after 221(g)?

Why Was Your L1 Visa Placed in 221(g)?

There are several common reasons for L-1 applicants to receive a 221(g) notice:

  • Lack of documentation: The consulate may require additional evidence about your employer, job duties, or prior employment history.
  • Verification of employer details: Especially in L-1B specialized knowledge cases, consular officers may want to verify the legitimacy of the U.S. or foreign entity.
  • Concerns over managerial role: For L-1A applicants, questions may arise about whether the applicant’s role truly meets USCIS standards for “executive” or “managerial” capacity.
  • Security or background checks: Certain occupations, nationalities, or keywords may trigger enhanced vetting procedures.

What to Expect During 221(g) Processing

Once your case is placed in 221(g) administrative processing, you may receive a blue, yellow, white, or pink slip, each indicating the reason and whether action is required on your part. In many cases, you’ll be asked to submit documents such as:

  • Detailed job descriptions;
  • Organizational charts showing your role;
  • Company tax returns or financial records;
  • Employment verification letters; or
  • Proof of previous work with the sponsoring entity

Administrative processing can last anywhere from a few days to several months, depending on the complexity of the case and whether government vetting is required. If no documents are requested and you were told to “wait for further instructions,” it typically means background clearance is underway.

How to Handle L-1 221(g) Effectively

If your visa case is stuck under 221(g), time is of the essence. Any delay, missing document, or poorly framed response can quickly turn into a denial. This is not the stage to take chances. Our team has successfully guided many L-1 applicants through 221(g) by pinpointing the exact issues, strengthening weak documentation, and submitting responses that are clear, complete, and compelling to the consulates. With the right strategy, we can turn a setback into an approval.

If your L1 visa is stuck in 221(g) administrative processing, don’t wait in uncertainty. Reach out to our office at 305-515-0613 or email info@messersmithlaw.com. We’ll help you understand what’s causing the delay, guide you through the response process, and give your case the best chance of moving forward.

I-485 Notice of Intent to Deny Under INA 245(c)(7) – What It Means and How to Respond

by

If you’ve received a Notice of Intent to Deny (NOID) for your Form I-485 based on INA 245(c)(7), it’s essential to understand the reason behind it and what steps you need to take to protect your immigration status. This provision specifically impacts applicants who filed for adjustment of status through employment-based categories but did not maintain lawful nonimmigrant status at the time of filing.

What Is INA 245(c)(7) and Why Did I Receive a NOID?

Under INA 245(c)(7), applicants seeking to adjust status based on an employment-based immigrant petition must have maintained continuous lawful nonimmigrant status until filing the I-485. If USCIS finds you were out of status, even briefly, they may issue a NOID threatening to deny your green card application.

You may have received this NOID if:

  • You overstayed your prior visa or fell out of status;
  • You changed employers without authorization;
  • There was a gap between your previous visa expiration and your new employment authorization; or
  • You worked without proper authorization before filing the I-485.

Can I Fix a 245(c)(7) NOID? What Are My Options?

Receiving a 245(c)(7) Notice of Intent to Deny (NOID) can feel like the end of the road but it doesn’t have to be. Many applicants are denied simply because their response lacked the right legal arguments or supporting evidence. The good news is that with a strong, carefully crafted response, a 245(c)(7) NOID can often be overcome. Your options depend on the specific issue but the key is presenting strong legal arguments backed by solid documentation. With the right legal strategy we have successfully assisted many clients overcome 245(c)(7) denials.

How to Respond to a 245(c)(7) NOID

You typically have 30 days to respond to a NOID. Your response must address all the issues raised by USCIS with strong legal argument. A well-prepared response can convince USCIS to approve your case despite the initial finding.

We Help Clients Fight 245(c)(7) Denials and Win

Don’t let a NOID stop your path to a green card. Our firm has helped clients across the U.S. overcome I-485 NOIDs under INA 245(c)(7) by building strong legal responses that highlight eligibility, fix record errors, and demonstrate that clients meet the requirements under the law.

If you’ve received a Notice of Intent to Deny your I-485 under INA 245(c)(7), act fast. Contact our office at 305-515-0613 or info@messersmithlaw.com to schedule a consultation. We’ll evaluate your case and guide you through your best legal options.

Visa Cancelled Under 22 CFR 41.122(h)(3), INA 212(a)(7)(A)(i)(I), INA 212(a)(6)(C)(i) and Expedited Removal – What should I do now?

by

Having your visa cancelled at the border or airport under provisions like 22 CFR 41.122(h)(3), INA 212(a)(7)(A)(i)(I), and INA 212(a)(6)(C)(i) can be a shocking and devastating experience. Many travelers are caught off guard, as this often happens despite having a valid visa and no prior history of overstays or violations. If this happened to you, the most important thing to know is: you still have options to challenge or overcome these findings.

Why Was My Visa Cancelled?

Several sections of US immigration law are commonly cited when Customs and Border Protection (CBP) cancels a visa at entry:

  • 22 CFR 41.122(h)(3) – Allows consular or CBP officers to revoke a visa if new information suggests the individual is ineligible.
  • INA 212(a)(7)(A)(i)(I) – A charge for not possessing proper documentation (CBP claims your visa is invalid or not applicable to your purpose of travel).
  • INA 212(a)(6)(C)(i) – A very serious finding of fraud or misrepresentation, meaning the officer believes you misrepresented something during the application or entry process.
  • Expedited Removal – If CBP applies this, you may face a five-year bar from reentering the US or longer if multiple violations are alleged.

Many clients come to us after being placed in expedited removal because of misunderstandings, paperwork errors, or allegations of misrepresentation tied to past schools, employers, or visa applications.

What Happens After Expedited Removal?

If you were issued an expedited removal order, the consequences are severe:

  • Visa Cancelled Immediately – The visa in your passport is no longer valid.
  • Bar from Reentry – You may face a 5 year ban under INA 212(a)(9)(A).
  • Permanent Inadmissibility Risk – If INA 212(a)(6)(C)(i) misrepresentation is cited, you may be permanently inadmissible without a waiver.
  • Future Visa Applications Affected – Any new visa or green card application will show this history and require strong legal rebuttal.

However, expedited removal is not the end of your immigration journey. With the right legal strategy, you may be able to:

  • Challenge CBP’s Findings if they were based on an error.
  • File for a Waiver of Inadmissibility (Form I-601 or I-212) depending on your circumstances.
  • Reapply for a Visa with Legal Support and present a stronger case to the consulate.

What Should I Do Now?

If your visa was cancelled under 22 CFR 41.122(h)(3), INA 212(a)(7)(A)(i)(I), or INA 212(a)(6)(C)(i) with expedited removal, you should act quickly:

  1. Do not attempt to re-enter the US without legal advice. This could make your situation worse.
  2. Gather all records from CBP. Keep the cancellation notice, expedited removal order, and any documents given to you.
  3. Call us at 305 515 0613 and we are here to help. Every case is different, and the correct approach depends on whether the issue was documentation, misrepresentation, or past history (like a problematic school or employer).

How We Have Helped Clients in Similar Cases

We’ve handled numerous cases where CBP cancelled a visa and issued expedited removal:

  • A business visitor’s B1/B2 visa was cancelled due to past enrollment at a fraudulent university. We successfully argued that he was a victim, not a participant, and helped him obtain a new visa in time for his meeting.
  • A professional’s H-1B visa was revoked at pre-clearance due to an alleged misrepresentation about OPT employment. We provided documentation proving the work was valid, and the client re-obtained his visa.

These cases show that while visa revocation and expedited removal are serious, they are not always final.

Don’t Face This Alone – Legal Help Can Make the Difference

If your visa was cancelled under 22 CFR 41.122(h)(3), INA 212(a)(7)(A)(i)(I), or INA 212(a)(6)(C)(i) with expedited removal, it’s critical to act immediately. These findings can create long-term immigration problems, but with a strategic response, many people are able to return to the US, restore their eligibility, and move forward.

Contact our office today at 305-515-0613 or email info@messersmithlaw.com for a consultation. We have successfully challenged visa cancellations, reversed inadmissibility findings, and helped clients obtain new visas after expedited removal.

I-94 Correction: How an I-94 Error Can Cause Overstay and How We Fixed It

by

An error on your I-94 card may seem like a small mistake, but it can have serious immigration consequences. Many people don’t realize that an incorrect I-94 can cause an overstay, trigger unlawful presence bars under INA 212(a)(9)(B), or even lead to a finding of misrepresentation under INA 212(a)(6)(C)(i).

We frequently receive inquiries like:

  • Overstay because of wrong I-94
  • I-94 stamped with wrong visa
  • I-94 record not matching passport
  • I-94 admission record error at land border
  • I-94 not available online after arrival
  • I-94 expiration date wrong
  • I-94 number incorrect
  • I-94 not found or not updated after travel

If you’re asking yourself questions such as:

  • Can I travel with incorrect I-94?
  • Will an I-94 error cause unlawful presence?
  • How do I fix an I-94 mistake?

You’re not alone. The good news is that most I-94 errors can be corrected with the right legal strategy.

Common I-94 Errors That Lead to Overstay

Some of the most frequent I-94 issues we’ve seen include:

  • Being stamped under the wrong visa category such as an L-2 spouse stamped as B1/B2 visitor
  • Incorrect expiration dates or shortened duration of stay
  • Admitted under ESTA (Visa Waiver Program) when a proper visa like J-1 or F-1 applies
  • Mismatched name, birthdate, or passport information
  • Record not showing up online after arrival

Even when travelers do everything right, Customs and Border Protection (CBP) errors can put their immigration status at risk.

Successful Case 1: L-2 Spouse Incorrectly Stamped as B1/B2 Visitor

One of our clients entered the U.S. as the spouse of an L-1 visa holder. She should have been admitted in L-2 status, which would allow her to live in the US and apply for work authorization. Instead, her I-94 was mistakenly issued under B1/B2 visitor status, which only permits short visits.

This error made it appear as though she had overstayed her visa after six months, even though she was fully eligible for L-2 status. Our legal team gathered documentation, worked directly with CBP, and successfully corrected her I-94 to reflect L-2 classification. Her record was cleared, and she remained in lawful status without leaving the US.

Successful Case 2: ESTA Entry Instead of J-1 Visa

Another client, a medical trainee, had a valid J-1 visa for his exchange program. At the airport, a CBP officer mistakenly admitted him under ESTA (Visa Waiver Program). ESTA is only valid for 90 days and does not allow extensions or changes of status.

Because of the mistake, his file showed that he had overstayed ESTA, even though he was fully compliant with his J-1 program. We filed a correction request, submitted a detailed legal brief, and coordinated with both CBP and his J1 sponsor. His I-94 was updated to show J-1 status, and the overstay flag was completely removed.

Don’t Let an I-94 Error Derail Your Immigration Journey

If you’ve discovered an I-94 error, whether it’s a wrong visa classification, expiration date, or entry record it’s critical to act quickly. Our firm has successfully resolved I-94 correction cases for clients in situations involving all different types of visas. We know how to navigate CBP, consulates, and USCIS to protect your immigration status.

Call us today at 305-515-0613 or email info@messersmithlaw.com to schedule a consultation. We’ll review your I-94 issue, explain your options, and take action to fix the error before it creates long term immigration problems.

H1B Visa Revoked Due to Multiple Filings

by

If your H1B visa has been revoked because of multiple cap-subject filings, you’re likely feeling blindsided and unsure about your future in the US. USCIS has recently begun cracking down on H1B petitions that were filed by multiple employers on behalf of the same individual, especially where they believe the filings were coordinated or fraudulent. If your visa has already been revoked or you’re under investigation, you need to act fast to protect your status and career.

Why H1B Revocations for Multiple Filings Are Increasing

In recent years, especially following regulatory changes and data sharing among agencies, USCIS has focused heavily on rooting out fraud in the H1B lottery system. While multiple legitimate offers from different, unrelated employers are allowed, problems arise when USCIS suspects that the filings were orchestrated by related companies or were not for genuine job offers.

We’ve seen many clients who were unaware that their employers were affiliated or that similar petitions were submitted without disclosure. USCIS often issues NOIRs (Notices of Intent to Revoke) claiming that the filings were intended to unfairly increase the applicant’s chances in the lottery. In some cases, they revoke approved H1B petitions even after the applicant started working, leaving individuals suddenly out of status.

How We Help Clients Respond to H1B Revocation Issues

If you’re still in the US, your H1B status may be at risk but you may still have options. We assist clients by:

  • Reviewing the revocation notice or NOIR to understand the government’s specific concerns;
  • Gathering evidence to show that the job offer was legitimate and that you were not part of any scheme;
  • Preparing a legal response to USCIS challenging the revocation or helping you transition to another valid status; and
  • Exploring re-filing options, consular processing, or alternative visa categories if needed

If you’re outside the US, your H1B visa stamp may be canceled or you may be denied reentry. In these cases, we help you present evidence to the consulate, explain the legitimacy of your offer, and clear any fraud related flags on your immigration record.

Don’t Let a Filing Error End Your Career

Having your H1B revoked due to multiple filings is serious but it’s not always the end of the road. We’ve helped clients successfully challenge revocations, maintain legal status, and reapply through new employers. The key is to act quickly and strategically.

Call our office today at (305) 515-0613 or email info@messersmithlaw.com to schedule a consultation. We’ll evaluate your situation, explain your options, and help you take the right steps to protect your future in the US.