Old Sep 24, 09, 7:08 am
Join Date: May 2005
Programs: UA 2P, MR Gold
Posts: 627
Originally Posted by Fly2LAX View Post
...the CBP officer last time admitted him but said that if he would stay too many times than any CBP officer could cancel the visa without any right to appeal that decision. The consular officer said otherwise and he especially asked about this particular issue considering how paranoid CBP are these days.
Actually, neither was entirely right. CBP officers can indeed cancel visas without any appeal. However, it can only be done under certain circumstances, found in 22 CFR 41.122(h). Bascially, it would also require that CBP refuse his admission. Based on that refusal, the visa can be cancelled. Here's the law:

(h) Revocation of visa by immigration officer. An immigration officer is authorized to revoke a valid visa by physically canceling it
in accordance with the procedure prescribed in paragraph (c) of this section if:
(1) The alien obtains an immigrant visa or an adjustment of status to that of permanent resident;
(2) The alien is ordered excluded from the United States pursuant to INA 235(c) or 236;
(3) The alien is notified pursuant to INA 235(b) by an immigration officer at a port of entry that the alien appears to be inadmissible to
the United States and the alien requests and is granted permission to withdraw the application for admission;
(4) A final order of deportation or a final order granting voluntary departure with an alternate order of deportation is entered against the alien pursuant to DHS regulations;
(5) The alien has been permitted by DHS to depart voluntarily from the United States pursuant to DHS regulations;
(6) A waiver of ineligibility pursuant to INA 212(d)(3)(A) on the basis of which the visa was issued to the alien is revoked by DHS;
(7) The visa is presented in connection with an application for admission to the United States by a person other than the alien to whom it was issued; or
(8) The visa has been physically removed from the passport in which it was issued.
(9) The visa has been issued in a combined Mexican or Canadian B-1/B-2 visa and border crossing identification card and the officer makes the determination specified in Sec. 41.32(c) with respect to the alien's Mexican citizenship and/or residence or the determination
specified in Sec. 41.33(b) with respect to the alien's status as a permanent resident of Canada.
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