The United States will revoke B1/B2 visas for asylum seekers: what does it mean and who is at risk of deportation?

— What does it legally mean for the United States to revoke a B1 and B2 visa for a person who is already inside the country and has a pending asylum application? What specifically changes for that person?

Before addressing revocation, it is useful to define what a visa and who issues it. The Department of State (DOS), headed by Secretary Marco Rubio, is the competent authority to issue them. A visa is a document that allows you to request entry to the United States; It does not grant immigration status in itself, but rather enables the person to request admission before an officer. Immigration status is determined at the point of entry by Customs and Border Protection (CBP), an agency that depends on the Department of Homeland Security (DHS). As to what changes for a person admitted as a nonimmigrant who later applied for asylum, the answer depends on several factors: When was asylum applied for? Was the declared activity (tourism, business, etc.) actually carried out? What was declared to the CBP officer upon entry? What happened in the country of origin? When did the alleged act of persecution take place: before or during the stay in the United States? Was the intention upon entering to request asylum?

If the visa is revoked, the most likely legal consequence is the initiation of a visa process. removal o deportationwith immigration charges such as misrepresentation (false declaration) or expired stay. A person whose I-94 (official entry and exit record issued by CBP) has expired is in violation of immigration law and may be subject to removal proceedings, in which he or she retains the right to due process and to present his or her case before an immigration judge.