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If you are a visa holder living in New Jersey—whether on an F-1 student visa, H-1B work visa, or any other nonimmigrant status—you need to be aware of a sweeping new federal policy that could affect your future in the United States. The “Catch-and-Revoke” policy, recently enacted under Secretary of State Marco Rubio, is already in effect—and hundreds of individuals have had their visas canceled for both serious and minor infractions.
In the past, foreign nationals charged with DWI/DUI have had their visas canceled under Prudential Revocation, but this initiative presents an unprecedented, large-scale expansion that encompasses a wide variety of offenses.
The new policy allows the U.S. State Department to immediately revoke the visa of any foreign national “caught” violating U.S. laws or promoting ideologies considered hostile to American interests. It applies uniformly across the board—students, workers, and tourists alike, although most media attention has focused on students. This is essentially a “one-strike” system where you may not get a warning and ramifications, dire. If your visa is revoked, it could bar you from reentry, affect your immigration history, and potentially derail your path towards permanent residence or U.S. citizenship.
This is where things get complicated. Under the current policy, a wide range of criminal conduct can trigger visa cancellation:
Under this policy, a conviction is not necessarily required. A mere arrest or allegation can potentially trigger revocation.
New Jersey has one of the most diverse immigrant populations in the U.S. From Edison to Newark to Jersey City, many of our clients are here on student or employment visas and have strong community ties. But under this new policy, a single legal misstep—even an arrest that doesn’t result in conviction—can trigger automatic visa cancellation.
While visa revocation doesn’t always technically equate to immediate deportation, it does mean that you may not be able to return to the US without first reapplying for a new visa. It may also show up in your immigration record as a blemish and complicate any future adjustment of status or green card application.
If you are a non-citizen in New Jersey and have been arrested or charged with a crime, contact an experienced immigration attorney immediately. At Lee & Garasia, we focus on the intersection of criminal and immigration law and can work with your criminal defense counsel to fashion an immigration friendly plea or “safe harbor” that minimizes the adverse immigration impact associated with certain charges. With over 25 years of real experience,
we help clients:
This new policy is already being used against visitors to the US—and many don’t even realize their visa has been revoked until they try to leave or re-enter the U.S. If you have been charged with a crime, or if you are unsure how your case might affect your visa, talk to an immigration lawyer now.
From our home office in the Edison, NJ, area, we serve immigrant communities across Middlesex County, Union County, Essex County, and beyond. If you’re a visa holder facing criminal charges or afraid your visa may be revoked, we can help.