U.S. Department of State Broadens Authority of Consular Officers to Revoke Visas
04/27/2011
The U.S. Department of State issued a Final Rule, effective April 27, 2011, broadening the authority of consular officers to revoke a visa at any time subsequent to the initial issuance. Consular Officers may do so at their own discretion within the realm of the law. Generally, a visa may be revoked subsequent to its issuance where information reveals that the applicant either was originally, or has since become, ineligible to possess a U.S. visa.
The most significant change in the rule, however, is that it eliminates the provision permitting reconsideration of a revocation. Instead, the Department of State allows a consular officer or designated officials within the Department to revoke a visa provisionally while considering a final visa revocation. This will be the case where the additional information raises a question of eligibility in regard to an already issued visa. If, after consideration of the information, a person subject to a provisional revocation is found to be eligible, the visa will be reinstated without the need to reapply. If the visa is revoked, the person may reapply for a visa at which time a separate adjudication will occur.
The Department of State explains that this final rule simply grants additional authority to consular officers in revoking visas; an authority they already had in limited, statutorily defined, circumstances.