B2 Visa

Tourist Visa Revoked Under 221(i) for Past Arrest – What Should I Do Now?

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If your B1/B2 visa has been revoked under INA § 221(i), especially due to an old or dismissed arrest, you may feel unfairly penalized bu the reality is that even a non criminal or dismissed charge can trigger visa revocation under this section. A revoked visa doesn’t always mean your ability to enter the US is gone forever. We’ve helped many clients restore their travel eligibility with the right legal strategy.

Why This Is Happening More Often

Visa revocations under 221(i) are becoming more frequent as consular officers re-evaluate previously issued visas in light of new data sharing and background checks. Even if a person has not committed any immigration violations, prior contact with law enforcement, even without a conviction, can trigger cancellation. These decisions often happen without prior notice and can disrupt important travel plans.

How We Helped the Client Return to the U.S.

Our client, a respected medical researcher, held a valid B1/B2 tourist visa and was scheduled to deliver an important speech at a prestigious US conference. Just weeks before his planned travel, he was informed that his visa had been revoked under 221(i) with the cited reason being a dismissed domestic violence charge from several years earlier. He had never violated any immigration rules, and the charge had no conviction, but the State Department canceled the visa based solely on the existence of the past arrest.

After receiving notice of the revocation, the client reached out to our office. We immediately assembled a comprehensive legal and factual record showing that the dismissed arrest did not render him inadmissible and that he posed no immigration or security risk. We engaged directly with both the US Embassy and the Department of State, submitting the necessary documentation and legal argument to advocate for the reinstatement of his ability to travel.

As a result of our intervention, we were able to resolve the issue in time for him to enter the US and deliver his speech at the conference as scheduled.

If Your Visa Was Cancelled Over an Old Arrest, We Can Help

A visa revocation under 221(i) can feel like a permanent denial but it doesn’t have to be. With the right legal support, many of these decisions can be reversed or overcome through a new application or direct advocacy with the consulate.

Call our office at (305) 515-0613 or email info@messersmithlaw.com to discuss your case. We’ll help you understand what happened, evaluate your options, and fight to restore your ability to travel to the US without unnecessary delays or penalties.

22 CFR 41.32: Understanding the B-1 Visa for Foreign Professionals and Entrepreneurs

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What Is 22 CFR 41.32?

22 CFR 41.32 is the section of the Code of Federal Regulations (CFR) that primarily governs the Border Crossing Card (BCC), which is a specific type of B-1/B-2 visa exclusively for Mexican citizens. The BCC is issued to eligible Mexican nationals who frequently travel to the US for business or tourism and is designed to facilitate easier and faster border crossings.

Key Facts About the Border Crossing Card (BCC)

  • The BCC functions as a B-1/B-2 visa but is specifically for Mexican nationals.
  • It is valid for up to 10 years, depending on the applicant’s eligibility.
  • It allows entry into the US for business, tourism, or medical visits but not for work.
  • Holders can stay in the US for up to 30 days if crossing into designated border zones, or up to six months if traveling beyond the border area.
  • Travelers must comply with all B-1/B-2 restrictions and cannot engage in unauthorized employment.

Common Issues With the Border Crossing Card (BCC)

Even though the BCC is a convenient travel document, many Mexican nationals face denials, revocations, or entry refusals if CBP officers suspect:

  • The applicant does not have strong ties to Mexico and may overstay.
  • The traveler has used the BCC improperly (e.g., engaging in unauthorized work).
  • The applicant previously violated US immigration laws or overstayed on a prior visit.
  • CBP believes the person is not a genuine visitor and intends to live in the US permanently.

How We Have Helped Clients With 22 CFR 41.32 Issues

Case 1: Border Crossing Card Revoked for Suspected Overstay

A Mexican national who frequently visited the US for shopping and tourism had her BCC revoked at a border checkpoint after CBP officers suspected she had previously stayed longer than allowed. She was banned from re-entering the US for five years under INA 212(a)(9)(A).

We filed a legal request with CBP and provided proof that the alleged overstay was a misunderstanding. After several months, the bar was lifted and she was allowed her to obtain a new Border Crossing Card.

Case 2: BCC Denied Due to Previous Unauthorized Work

A Mexican business owner applied for a BCC to visit the US for business meetings, but his application was denied due to previous unauthorized employment when he briefly worked in the US without a work visa.

We helped him apply for a waiver and demonstrated that he now fully understood US immigration laws and had no intent to violate them again. His waiver was approved, and he successfully obtained a new BCC.

Need Help With a Border Crossing Card Issue? Contact Us Today

If your Border Crossing Card was denied, revoked, or canceled, or if you were barred from entry into the US, you may still have legal options to challenge the decision and regain your travel privileges. Call us today at 305-515-0613 or email info@messersmithlaw.com for immediate assistance. Let us help you regain your ability to travel to the US legally and without complications.