Non-Immigrant Visas

Non-Immigrant Visa Cancellation by DHS at the Port of Entry

Applicants should be aware that a visa does not guarantee entry to the United States. Only an official of the Department of Homeland Security (DHS) has the authority to grant or deny admission. Similarly, the period of time that the holder of a non-immigrant visa can stay in the United States is determined by DHS. 

At the port of entry, if the DHS official admits the visa holder to the US, the official will note the authorized length of stay on the I-94 form, (Registration of Entrance and Departure). This form indicates the amount of time that the traveler is permitted to stay in the United States for this trip. Those visitors that would like to stay in the United States longer than the time indicated on their I-94 form should contact DHS in order to apply for an Extension of Stay (Form I-539). Only DHS can decide whether or not to grant the Extension of Stay in the United States.

If you have been refused admission to the United States by DHS and your visa has been cancelled, you can only apply for a new visa by submitting a written re-application. Alternately, you can wait 12 months and then make an appointment for a non-immigrant visa interview.  Note: The consular officer must consider the reasons for the DHS cancellation when deciding to grant or refuse your re-application.