Jamaica Gleaner

Can I appeal the cancellati­on?

- Dahlia A. Walker-Huntington, Esq is a Jamaican-American attorney who practises immigratio­n law in the United States; and family, criminal and internatio­nal law in Florida. She is a mediator and former special magistrate and hearing officer in Broward Coun

Persons may not have to selfisolat­e when they arrive in England if they are travelling from one of the countries or territorie­s listed below. That is because these countries and territorie­s are either:

• Covered by the travel corridor exemption;

• Within the common travel area – Ireland, the Channel Islands, the Isle of Man;

• British overseas territorie­s.

Persons will need to selfisolat­e if they had visited or had made a transit stop in a country or territory that is not on the travel corridor list you were given on a couple of basis. One is that when you arrived at the airport in 2019, you probably told the Customs and Border Protection (CBP) officer that you were coming to the United States for a visit, and I doubt that you told the officer that you were going to stay in America for four months. When a visitor arrives in the United States with a US visa, they are often given six months as the duration of stay, although they said they were visiting for a lesser period. The six months is given as a convenienc­e to the visitor, in the event they must stay beyond the one or two weeks of their vacation. So many persons see the six months and think they can extend their stay, and if they do not stay beyond the six months, that is, overstay – they are in compliance with their visa.

Second, you did work in the United States if you helped a friend on a painting job and received money for your assistance. Some only consider it working if you report to a job every day and are paid regularly. ‘Working’ is any labour performed in exchange for compensati­on. Many persons have lost their visas because they mistakenly believe that they only occasional­ly assisted someone or accompanie­d someone on a job and only got a small amount of money. Working while in the United States on a visitor’s visa is a violation of that visa and can, and will, lead to the cancellati­on of the visa or a renewal denial.

There is almost always an automatic assumption that a person who spends four months in America worked during that period, because not many persons can afford to take four months off from work without any income. I strongly suggest to persons who can afford to take months off from their work or business to ensure that they travel with evidence of how they supported themselves in America during any period of extended stay.

When a non-immigrant visa is cancelled or denied, the applicant can reapply with a non-immigrant waiver if they have evidence to refute the reason for the cancellati­on or denial, and they can prove that they are not a danger to the United States. Even then, it is not guaranteed that the visa will be reissued.

 ??  ??
 ??  ??
 ??  ?? Dahlia Walker-Huntington
Dahlia Walker-Huntington

Newspapers in English

Newspapers from Jamaica