Immigration | When can I apply for a new visa?

Good day, Mrs Walker-Huntington:

My visa was cancelled 10 years ago. When it was cancelled, they told me that I could reapply after five years but that I would have to contact Homeland Security or Customs before reapplying to enter the USA again. So I’m asking if, like how it’s 10 years now if I have to go through the same process with the Homeland Security.

Thanks for your reply.

D.B.

When a person’s visa is cancelled at a port of entry, the rules for reapplication can be somewhat confusing, and it depends on what grounds you were found inadmissible to the United States.

Generally, if you were an arriving alien – e.g. came to the airport and found to be inadmissible, you would not be eligible to reapply for a visa for five years. If there is some other reason – other than an arriving alien – why you were removed, you would need to wait 10 years before reapplying and eligibility to reapply can be 20 years. At the port of entry persons are given a document that tells them why their visa was cancelled, and how long they were barred from reapplying.

Whatever resulted in a person being removed or inadmissible to the United States generally does not go away with time. Which means that even if you wait for the given period that applies to your circumstances, the underlying issue most often remains. The applicant may need a non-immigrant or immigrant waiver – depending on why they were inadmissible in the first place and what visa they are subsequently trying to secure.

If you need to reapply for a visa (immigrant or non-immigrant) before the period you were told you were barred from reapplying and depending on what section of the Immigration and Nationality Act you were barred under, you may be required to apply for permission to reapply prior to your barred period. That is done with either Homeland Security or US Customs and Border Protection.

It is possible that you may have misunderstood the officer because if you waited out the barred period, you do not have to apply for permission to reapply for a visa; but you may need a waiver. This is an area where a person needs legal assistance and you should consult with an immigration attorney to review your records and guide you forward.

Dahlia A. Walker-Huntington, Esq is a Jamaican-American attorney who practises 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