The president’s administration Donald Trump prepares a new offensive against immigration in USA: The State Department announced that it will progressively revoke the tourist and business visas of numerous foreigners who entered the country and subsequently requested asylum to remain in US territory. The measure, which could reach up to 200,000 visasaccording to the White House, raises questions about who it will affect, how it will be determined if there was fraud and what consequences it will have for those who are already in the US and with closed and pending procedures.
— 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.
Can visa revocation end in deportation or are they two different immigration processes? Under what circumstances could a person be at risk of being expelled?
Revocation removes the entry permit and may result in the government initiating a removal process. This process is different from an expedited deportation without the right to appear before a judge. With or without visa revocation, an expired I-94 alone subjects the person to removal proceedings, in which they can present their asylum claim before an immigration judge.
The Government maintains that these people used a tourist or business visa to enter the United States and subsequently request asylum. Does requesting asylum after entering with a B1-B2 constitute in itself an immigration violation or fraud?
It is a possible interpretation, but it does not automatically imply fraud. In a removal proceeding, it is up to DHS to prove grounds for deportation. An expired I-94 may be sufficient basis for the judge to sustain the charges; Instead, the charge of misrepresentation requires DHS to substantiate it with evidence.