Visa Revocation and Denial

Visa Revocation

Revocation means that your visa is no longer valid and cannot be used to re-enter the U.S. Visas may be revoked at the U.S. government’s discretion. However, this typically occurs only under extreme circumstances.

Impact on Status

If your visa is revoked, it does not impact your F-1 or J-1 status. You may continue to live in the U.S. and study at Miami.

Impact on Travel

However, if your visa is revoked and you leave the U.S. to travel home or to another country, you will have to apply for a new visa.

Seeking legal counsel

Visa revocations are challenging and case-specific. ISSS suggests that students seek advice from an experienced immigration lawyer if they need legal advice about their visa status, travel options, and eligibility for admission to the United States.

Visa Revocation due to Alcohol-Related Offense

Effective late 2015, a new policy was implemented by the Department of State. If you are arrested for or convicted of Driving Under the Influence of alcohol (DUI) or another alcohol-related offense within the past five years or since your last visa issuance (whichever was most recent), your visa may be revoked. Revocation means that your visa is no longer valid and cannot be used to re-enter the U.S.

How do you know if this impacts you?

The Department of State is supposed to notify individuals in this circumstance; however, communication may not always happen. Therefore, it is best to assume that if you have been arrested or convicted of a DUI-related offense, this policy may apply to you.

Note: The government will not inform ISSS or Miami if your visa is revoked and we do not have any way to check if it has.

This is a reminder that if your visa is revoked and you leave the U.S. to travel home or to another country, you will have to apply for a new visa. Your eligibility for the visa will be reviewed and a medical examination by a physician authorized by the Department of State may be required. As always, there is no guarantee that your visa will be approved.

Final Reminder

Miami University seeks a safe campus and community. Driving under the influence of alcohol (“drunk driving”) creates a significant danger to you and to others. In addition to possible arrest and visa revocation, it is a violation of Miami’s code of conduct. Students who have questions or concerns about this policy and visa revocation are encouraged to meet with ISSS.

Administrative Processing

Administrative processing is when a visa application is selected to undergo additional security and background checks. It typically takes place after the interview at the U.S. embassy or consulate. Administrative processing does not mean your visa application will be denied. It does mean though that it is going to take time to receive a decision. Generally administrative processing can last up to two months. Sometimes though it can last longer. Timing varies on a case-by-case basis, and there is no way to expedite the process. Consequently, ISSS recommends applying for a visa as early as possible to allow sufficient time to receive the visa.

Visa Denial

The most common reason that an F-1 or J-1 visa application is denied is due to failure to demonstrate nonimmigrant intent. This is a broad denial reason but it indicates that there is a problem with the evidence or information you provided to the officer. It could be that the officer has questions about your academic plans. It could be that the officer is not convinced that your purpose of coming to the U.S. matches the type of visa that you are applying for. It could be that there are concerns about your intent to return after your studies. It could be that there are issues with the documentation you provided at your interview or your background check.

Unfortunately while ISSS wishes to provide support, we are not able to overrule the Department of State’s decisions regarding visa issuance. If your visa is denied, ISSS’s recommendation is to make immediate plans to apply again. Prepare to provide better documentation, if possible and try to address the officer’s concern.

If your visa denial results in your inability to arrive on time for classes, please let ISSS know so that we can explore options for your legal status and academic coursework.