Can marriage override a US visa ban?
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Dahlia Walker-Huntington
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Dear Mrs Walker-Huntington
I have a couple of questions.Can an American citizen marry someone from another country whose American visa has been cancelled to regain entry to the US before the stipulated time given to the person from the other country to reapply for a us visa?
How can one appeal a case for cancellation of a us visa?
CG
Dear CG:
An American citizen is permitted by law to file for their spouse, however, there may be reasons why the immigrant spouse is inadmissible to the United States. In some instances, there may be waivers available that if granted, would overcome the immigrant spouse’s inadmissibility to the United States.
When a person is found inadmissible at the border, the reason for the inadmissibility will determine when they can reapply. If there are visa issues, the applicant for entry might be barred from applying for re-entry for five years. To overcome that bar, the immigrant needs to apply for permission to apply for entry if they want to return before the stipulated time bar expires. The intending immigrant also has the option to wait until that specified time bar expires before reapplying.
Depending on why the visa was revoked/cancelled, even after the specified time expires the intending immigrant may still be inadmissible to the United States. An analysis needs to be done by an immigration attorney to determine what if any waiver might be available to the intending immigrant based on the reason for their inadmissibility.
The cancellation of a US visitor’s visa cannot be appealed. The immigrant can reapply for the visa with a non-immigrant waiver. Be reminded that no one is entitled to a visa, and it is often very discretionary whether the visa is granted or renewed.
Dahlia A. Walker-Huntington, Esq. is a Jamaican-American attorney who practices Immigration law in the United States; and Family, Criminal & International law in Florida. She is a Mediator and Former Special Magistrate & Hearing Officer in Broward County, Florida. info@walkerhuntington.com