A black stamp is used to indicate that a visa holder has failed to fulfill the obligations they agreed to upon receiving their US visa. This can include engaging in illegal employment, exceeding the authorized stay in the United States, or violating US laws. In most cases, these situations involve tourist visa holders who have been caught working, despite being prohibited from doing so on their visa. Other common situations are known as “excessive stay“, meaning a duration period surpassing the specified departure date on the entry visa granted by a United States Border Police representative upon entry to the United States.
In the event that the visa conditions are breached and you are caught, the visa will be revoked and you will be facing a high chance of deportation. When departing the country, the border police will affix the black stamp on your passport as confirmation of the visa’s cancellation due to non-compliance with its conditions. This signifies a restriction from entering the country for extended duration, and potentially even permanently.
It is important to note that the United States Citizenship and Immigration Services (“USCIS‘”) is widely recognized for its strictness. It is of utmost importance to familiarize yourself with the specific conditions associated with your visa type and understand the commitments you have made.
It is crucial to understand that this does not only involve physically stamping the visa with a black cancellation stamp, but also includes registering your information with the United States authorities. Once you have been blacklisted, your details will be retained, even if you obtain a new passport, making it extremely challenging to acquire another visa. Furthermore, even if you possess a foreign passport, it is probable that your name, photo, and other details will revel your past to the border police, resulting in denied entry and requiring you to backtrack.
Moreover, the immigration authorities of the United States, Australia, Canada and various other countries exchange information. Therefore, immigration violations, such as engaging in illegal work, in one country, can certainly impact the prospects of gaining entry into other countries.
In case your visa application has been denied, it is advisable to wait for substantial changes in your circumstances before reapplying. Submitting another application with minor alterations not only increases the likelihood of rejection but could also disqualify you from obtaining a long-term visa.
Does the rejection of one type of visa affect the application for another visa type?
The answer to this question is not straightforward. It relies on various factors such as the type of visa that was rejected, the reason for the rejection, and the the type of new visa being applied. It does not necessarily mean that the new visa will also be rejected, as the consul retains significant discretion in making the decision.
Caution! Carts
Many young Israelis, especially after completing their military service, are tempted to come to work in the United States, often in the field commonly known as “carts”, which involves selling various products in malls. In many cases, these individuals mistakenly believe that this process is legal. The operators of these carts sometimes seize their passports, falsely claiming that they need them to submit documents to change their tourist visa status to a work visa, sometimes posing as lawyers. However, it is important to note that this is not true.
Even if you have obtained a visa and successfully passed the border police checkpoint and interrogation upon entering the United States, there is still a risk of being caught during work or targeted in police raids on accommodations based on intelligence information. This risk continues when leaving the country and even after that, when applying for a visa again. The American authorities have been known to be made aware of these violations in retrospect.
The US authorities consider illegal work as a severe offense. Young people caught engaging in illegal work are treated as criminals for all intents and purposes. Their equipment is confiscated, and the visa they possess is revoked by means of a black stamp for a period of 10 years, and in some cases, even permanently. Additionally, they may be held in custody until their deportation. A dubious experience that is strongly advised against.
Black stamp in the US – for how long?
There is often confusion between a B1\B2 visa and a residence visa. A visa is usually obtained from the United States Embassy prior to travel, allowing you to board a flight to the country. On the other hand, a residence visa is granted by the immigration officer upon arrival. While the visa allows you to enter the Unites States, it is the US residence visa that determines the duration of your stay. Even if your visa has expired, you can remain in the United States with an expired visa as long as you hold a valid residence visa.
In order to travel to the United States, it is crucial to be familiar with Form I-94. This form is filled out during the flight before landing and needs to be submitted to the immigration officer at the border control upon arrival. The purpose of this form is to assist the officer in reviewing the applicant’s history and ensuring there are no concerns. Once approved by the immigration officer, the I-94 form is signed and serves as validation for your visa, outlining its specific terms. Essentially, this document acts as a representation of your visa.
Another important aspect to keep in mind in this context is the departure procedure when leaving the United States. Airlines are responsible for registering the I-94 form and submitting it accordingly. If the form is lost or is not attached to the passport, you may be considered as someone who has not left the country unless you can provide evidence to prove otherwise. If the form is still attached to your passport and has not been removed by the airline, it is advisable to report your departure from the United States through the designated websites, where you can also download an electronic version of the I-94 form.
A black or a red stamp on the passport indicates the cancellation of the visa, as a result of non-compliance with the agreed conditions that the person undertook when upon receiving it. This usually results in deportation from the Unites States, and any future visa application within the next few years are likely to be rejected.
The duration of the ban depends on the nature of the offense and whether it is a repeat offense. Typically, a black stamp is accompanied with a ban on entering the United States for at least 5 years, sometimes 10 years, and in some cases, even permanently. However, the duration of the ban can also vary based on general offenses, and this can differ from case to case.
Exceeding the validity period registered in your visa, even by just one day, will automatically result in the cancellation of your visa as well. If you are caught, there is a high probability of being deported from the US. Additionally:
• Being illegal present in the Unites states for a period up to 180 days will usually result in a one-year ban on reentry, and in any case, it will pose challenges for obtaining a visa in the future .
• Being illegal present for more than 180 days but less than a year will lead to a three-year bar on reentry into the Unites States.
• Being illegal present for over a year will result in a denial of entry into the United States for 10 years
• Engaging in illegal work will result in a denial of entry into the United States for at least 5 years
• If you attempted to mislead the immigration authority, misrepresented information, fraudulently entered, or provided false information, this may prevent you from entering the United States permanently.
• Committing an offense in the United States or other countries that results in a criminal record may make it difficult to obtain entry into the United States.
You must obtain a visa depending on the severity of the offense. It is important to understand that tax offenses are also considered in the United States as fraudulent offenses, and therefore carry significant consequences on your criminal record, unlike in Israel.
What can be done?
If you have reached the end of the period of your entry ban, you can reapply for a visa through the regular procedure. However, it is important to note that previous deportation or having received a black stamp in the past will negatively impact your chances of obtaining a visa, although it is still possible.
If you wish to enter the United States before the expiration of the entry ban, you have the option to request the United States Department of Homeland Security for forgiveness through a process known as the Ineligibility Waiver. This waiver allows the state to overlook the offense committed. In this procedure you will need to convince the American authorities that the offense was a one-time mistake caused by circumstances beyond your control, such as a medical condition. It is crucial to express remorse and demonstrate there is no chance of repeating the same mistake. It is highly recommended to seek legal representation from an immigration lawyer experienced in this field to guide you through the process and not attempt it alone.
Deportation and a black or red stamp on your passport create a negative perception of you in the eyes of the US Immigration Service. Even if several years have passed since the end of the entry ban, you may still be viewed as a potential offender, making and it challenging to obtain a visa. To navigate this situation, it is highly recommended to seek the assistance of a skilled immigration lawyer who specializes in this area and has relevant experience. Decker, Pex, Levi, Rosenberg is a law firm that specializes in all aspects of the waiver process and obtaining visas in complicated situations. In the firm, you will find immigration lawyers who possess extensive expertise and a deep understanding of both Israeli and American laws. They will gladly guide you through the process, providing valuable advice and addressing any question you may have.
