According to Daniel Toledo, a lawyer and specialist in international law, the consular agent has every right to invalidate the visa, as long as it does not damage the passenger’s passport.
The idea of going to the United States is a dream shared by many Brazilians. Whether you are looking for better opportunities for work, study, quality of life or even tourism, the North American country attracts thousands of people from all over the world every year.
However, this desire is not always easily fulfilled. There is a possibility that, even with the visa approved and stamped in the passport, the traveler is denied entry by immigration control, and still sees his/her visa revoked.
Not being allowed to enter the United States upon arrival may suddenly interrupt many people’s life plan, causing frustration and even financial losses. In this sense, it is important to understand the reasons for the refusal, as well as the measures that can be taken to avoid this undesirable outcome.
According to Daniel Toledo, attorney working in international law, founder of Toledo e Associados and partner at LeeToledo PLLC, an international law firm with units in Brazil and the United States, the visa is the property of the issuing state, not of the passenger in question. “It’s the property of the state. I even know the case of a Brazilian woman whose visa was written off by an immigration officer when she entered the United States and she was so embarrassed and didn’t understand the situation. However, if this authority saw something suspicious or denied someone entry to the country, they had the right to revoke the visa, even Had it been stamped in the Brazilian passport,” he points out.
The international law specialist states that a visa can be revoked at any time, but there are limits. Since it is US property, the immigration agent can scratch or even tear the visa. However, this does not apply to the passport, which must remain intact because it is Brazilian property. This kind of situation, like tearing up the visa page, would be a clear abuse of power. But I, in particular, have not witnessed this kind of situation. Normally they would write the word “cancelled” and deport the traveler concerned,” he declares.
According to the lawyer, it is common for there to be doubt about the legality of this type of procedure. He concludes, “Although it seems rude when we go through this kind of situation, there is no room for any complaint or lawsuit against these agents because they do their oversight work precisely with the aim of protecting national security.”
About Daniel Toledo
Daniel Toledo is a lawyer at Toledo e Advogados Associados specializing in international law, international business consultant, speaker and partner at LeeToledo PLLC. For more information visit: http://www.toledoeassociados.com.br. Toledo also has a YouTube channel with over 176k followers https://www.youtube.com/danieltoledoeassociados with tips for those who want to live, work or get involved internationally. He is also an active member of the Committee on International Relations at OAB Santos, Professor Emeritus at the University of Oxford – UK, Consultant on Diplomatic Protocols at USIDHR and Professor at PUC Minas Gerais for the first postgraduate course in International Law, with a focus on immigration to United State
about the office
Toledo e Advogados Associados specializes in international law, immigration, investments and international business. It has been operating for nearly 20 years with a focus on guiding individuals and businesses in their operations. Each case is analyzed in detail and prepared efficiently by a team of dedicated professionals. To better serve customers, the company has units in São Paulo, Santos, and Houston. The team consists of lawyers, international partners, economists and accountants in Brazil, the United States and Portugal who help achieve the goal of the clients being served. For more information visit: http://www.toledoeassociados.com.br or contact us via email [email protected].
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