22 CFR 41.122(h)(3)

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?

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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  • Visa Cancelled Immediately – The visa in your passport is no longer valid.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.

Successful Cases After Visa Cancellation Due to 22 CFR § 41.122(h)(3)

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H-1B Visa Revoked at CBP for Alleged OPT Violation – What Should I Do Now?

If your H-1B visa was revoked by CBP under 22 CFR § 41.122(h)(3), especially at a pre-clearance location abroad, you may feel like your US career is over before it starts. This regulation allows CBP officers to cancel or revoke a visa on the spot if they believe you’re inadmissible, even if you’ve previously held valid status. Fortunately, these decisions can often be challenged and reversed, especially when based on inaccurate or misunderstood facts.

Why This Happens And Why You’re Not Alone

Our client, a highly skilled professional, was traveling through a US pre-clearance facility in Abu Dhabi when CBP officers revoked his newly approved H-1B visa, citing concerns over a past alleged violation of OPT regulations. CBP claimed he had engaged in unauthorized employment due to his time as an unpaid intern at a US tech company. Despite the internship being lawful and connected to his academic program, CBP treated the case as misrepresentation, triggering an immediate visa cancellation and threat of long term inadmissibility.

Cases like this are becoming more common as immigration authorities apply increased scrutiny to past student visa activity, particularly surrounding unpaid work, internships, and compliance with OPT requirements. Many visa holders are caught off guard, not realizing that a misunderstanding from years ago can derail their future immigration plans.

How We Helped Fix His Visa Revocation and Save His Career

After the visa was revoked, the client contacted our firm. We conducted a detailed legal and factual review of his prior OPT employment, collecting records that proved the internship was compliant, unpaid, and properly reported. We then prepared a legal brief challenging the misrepresentation finding.

Working directly with CBP and the embassy, we succeeded in getting CBP to reverse its initial finding. Once the record was corrected, we guided the client through the visa re-issuance process, and he successfully obtained his H-1B visa. He has since returned to the U.S. and resumed employment with the same company.

Visa Revoked at the Airport or Pre-Clearance? Let Us Help

If your visa has been canceled or revoked under 22 CFR § 41.122(h)(3), especially over OPT or F-1 history, you may still have legal options. With fast, strategic legal action, we can often correct the record and restore your visa eligibility.

Call our office today at (305) 515-0613 or email info@messersmithlaw.com to discuss your case. We’ve helped clients overcome CBP revocations and get back on track and we can help you do the same.