The State Department (DOS) announced revocations for business and tourism visas for as many as 200,000 people who have applied for or currently seek asylum in the United States. If officials carry out the action, it would mark the largest mass visa revocation in U.S. history. The Associated Press obtained the plans from DOS documents, with two U.S. officials confirming their authenticity. Officials haven’t an official announcement, and they have not revoked any visas. The department is apparently due to make an announcement in the coming weeks, although the timeline might change.
Details of the Proposal
The revocations would apply to B-1 and B-2 visas granted between 2016 and 2026 in the case of people who have applied for asylum or who are currently applying for it. B-1 visas are generally for business trips and B-2 visas are for tourism, visits with family members or for medical treatment. It has not yet become clear from the documents precisely how many of the people currently holding these visas belong in that category.
Tommy Pigott, a spokesperson for the DOS put it this way: the department is working with DHS to identify and revoke visas of individuals who came to the United States claiming to be on short-term visits and then applied for asylum to remain in the country permanently. Christopher Landau, the deputy Secretary of State, put it more directly, stating that people “are fed up with bogus asylum claims.”
The administration hasn’t been acting in this way for the first time. Over the past 18 months, the State Department has canceled about 175,000 visas for reasons including crimes, convictions, allegations, and public criticism of U.S. policy.
When someone applies for a B-1 or B-2 visa at present, they are required to confirm that they will not seek asylum and to prove that they intend to return to their home country.
What This Would Actually Mean for People Affected
The fact that a B-1 or B-2 visa is lost does not automatically lead to l proceedings and terminate or cancel an already pending asylum case. According to INA § 208(a)(1), asylum applications submitted to USCIS are separate from visa status, and anyone who is physically present in the United States may apply for asylum no matter what their immigration status is.
DHS later uses the revocation as a basis, which would change the case’s posture, thereby considerably altering the case’s position.
At this stage, the matter is still just a proposal and has not become an established policy. People who currently have a B-1 or B-2 visa application pending and are going through an asylum application should monitor the situation closely and consult an immigration lawyer before the rules actually change, not afterward.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.