A US visa is a coveted travel document that grants an individual entry into the United States for temporary or permanent residency or for tourism, business, or educational purposes. However, there are times when a visa may be revoked, either upon request or through legal means, such as when the visa holder is deemed ineligible or has violated immigration laws. One of the ways a visa may be cancelled in the US is “cancelled without prejudice.” In this article, we will explore this term, examine its implications, and provide some practical tips for navigating the process should your visa be cancelled without prejudice.
What is a “Cancelled Without Prejudice” Visa?
A visa that is “cancelled without prejudice” means that the original visa application is still valid, and there is no permanent or long-term ban on the visa holder from applying for another visa or reentry in the future. The key takeaway is that the visa holder has not violated any US immigration laws or committed any fraud that would make them ineligible for entry or barred from reentering the US.
Reasons for Cancelling a Visa Without Prejudice
There are several reasons why a visa may be cancelled without prejudice in the US, for example:
Administrative error: When processing a visa application, a mistake may be made or oversight, such as a typo or wrong identification number, that can trigger the automatic cancellation of the visa, albeit without prejudice.
Lack of essential requirements: An applicant may fail to meet one or more of the requirements outlined by the visa. For example, the applicant fails to complete the necessary paperwork or misses their appointment at the embassy.
Circumstances beyond applicant’s control: There are situations where a visa applicant may be unable to complete their visa application process, such as unforeseen illness, natural disaster, or political crisis.
Consequences of Cancelling a Visa Without Prejudice
Being issued a visa that is cancelled without prejudice means that the applicant avoids being barred from re-applying for a visa or re-entry to the US. This is the good news. However, there are other potential consequences worth considering:
Time and money: A cancelled visa, even without prejudice, can have financial and emotional implications. The applicant is responsible for the visa application fees, such as for biometric data processing, and they can be significant.
Delayed entry: A cancelled visa may lead to a significant delay before obtaining a new visa, re-entry, or renewal. It can cause financial and personal stress, as the applicant may need to postpone plans or cancel them altogether.
How to Prevent a Visa from Being Cancelled Without Prejudice
Preventing the cancellation of a US visa is often a matter of ensuring that the application process is followed correctly and that all necessary requirements are met. Here are some tips:
Be truthful and transparent: Accurate and truthful documentation is key to the application process. The applicant should always provide honest answers and avoid falsifying any information on the application, as this is considered fraudulent and will result in the visa application being refused.
Submit the application in due time: The earlier the application is submitted, the more time there will be to review it and address any issues that may arise.
Have all the required documents: Thoroughly review the requirements for the application process and ensure the applicant gathers all the documents needed before applying.
Actions to Take If Your US Visa Is Cancelled Without Prejudice
If a visa has been cancelled without prejudice, it is crucial to take certain measures to ensure that the next application is straightforward and successful. Here are some steps to take:
Understand why the application was cancelled: The first step is to understand the reason for the visa’s cancellation to avoid making the same mistake again.
Appeal or reapply: Based on the reason for the cancellation, the visa holder may either appeal the decision or reapply with the correct information.
Consult an experienced immigration attorney: An attorney can help the visa holder navigate the complexities of the US immigration system and provide legal counsel throughout the visa application and reapplication process.
Common Misconceptions About Cancelled Without Prejudice Visas
Here are some common misconceptions about cancelled without prejudice visas:
“My visa has been cancelled, and I will never be able to enter the US again.:” This is untrue since a cancellation without prejudice does not bar the applicant from reapplying or re-entering the country.
“A cancelled visa means I am a criminal or ineligible for a visa.” This is also not necessarily the case. A cancelled visa may be due to an administrative error or an oversight in the application process.
“A cancelled visa without prejudice is the same as a cancelled visa with prejudice.” The difference is that the former allows for re-entry while the latter is more severe and often has long-term ramifications.
A cancelled without prejudice US visa does not necessarily put an end to the visa applicant’s journey. Understanding the reasons behind the cancellation, taking the necessary steps to rectify the situation, and being transparent in the new application are key to receiving a successful visa. By consistently following these tips, visa applicants can avoid a cancelled without prejudice visa and, for those who have had their visa cancelled, navigate the process of reapplication with ease.
What is the difference between “cancelled without prejudice” and “cancelled with prejudice”?
The difference is that a cancelled without prejudice visa means that the applicant has not committed fraud or violated any immigration laws and is still eligible to reapply for a visa in the future. On the other hand, a cancelled with prejudice visa often results from serious immigration violations, such as failing to accurately disclose criminal history, which makes the applicant ineligible for re-entry into the US for a specific duration of time.
How much time does it take to obtain a new visa after a US visa is cancelled without prejudice?
The waiting time for a new visa application often depends on the reason for the cancellation, and the visa application process itself can be lengthy. Some visa applications, such as student visas or exchange visitor visas, have additional requirements that can increase the waiting time by several months.
Can I appeal a visa cancellation without prejudice?
Yes, it is possible to appeal a visa cancellation without prejudice or reapply with the correct information. An experienced immigration attorney can help navigate the appeals process or provide legal representation throughout the visa application process.