The State Department announced that it is preparing to revoke tourist and business visas issued between 2016 and 2026 to foreign nationals who have sought or are actively seeking asylum in the United States, which officials say could result in the cancellation of tens of thousands of travel documents. In cases where the visa holder has an active asylum application, the claim will have to be adjudicated and denied before removal proceedings can move forward.
What changed
The State Department is preparing to revoke tourist and business visas issued between 2016 and 2026 to foreign nationals who have sought or are actively seeking asylum in the United States, which officials say could result in the cancellation of tens of thousands of travel documents.
State Department spokesperson Tommy Pigott said: “We are coordinating with DHS to identify and revoke the nonimmigrant visas of foreigners who have come to the United States claiming to be short-term visitors, but then file for asylum to stay here permanently.” The State Department characterized obtaining a visa in order to seek asylum as “fraud — which is grounds for visa revocation.”
The State Department is expected to announce the revocation formally in the coming weeks, with revocations to be handled on a rolling basis. B1 and B2 visas are issued with the understanding that they are for those who intend to return home.
Why it matters
This policy shift directly affects your client advisory work in several ways:
Retroactive exposure: Visa holders who entered on valid B1/B2 visas between 2016 and 2026 now face the risk that their visas will be revoked if they have applied for—or are applying for—asylum. This creates a new legal vulnerability that did not exist when the visas were issued.
No automatic deportation—but loss of status: It’s not clear whether any foreign nationals will be removed from the U.S. due to visa cancellations, and in cases where the visa holder has an active asylum application, the claim will have to be adjudicated and denied before removal proceedings can move forward. Revocation does not trigger automatic removal, but it strips the person’s nonimmigrant status while their asylum case is pending.
Changed visa application landscape: Applicants for tourist and business visas are asked to confirm that they will not apply for asylum and intend to return to their countries of origin. This existing visa condition becomes a more serious risk factor now that retroactive revocation is being pursued.
Scale and timing uncertainty: The State Department has not disclosed the exact number of people to be affected, stating that “the number of revocations remains dynamic and will be done on a rolling basis.” This means ongoing exposure as revocations continue.
Way forward
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Audit your client roster: If you represent anyone with a B1/B2 visa who is considering asylum, urgently review their filing timeline and visa status. Visa revocation could affect their eligibility category and removal risk.
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Document visa intent at filing: When filing asylum for a B1/B2 visa holder, be explicit in your application about the client’s circumstances at entry and any subsequent change in conditions that prompted the asylum claim. Courts have not yet established how this revocation policy interacts with asylum law defenses.
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Monitor DHS-State Department coordination: The revocation process is being coordinated between DOS and DHS. Watch for published guidance on how USCIS will adjudicate asylum cases for people whose visas have been revoked mid-case.
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Anticipate legal challenges: This is likely to face court challenges on due-process and statutory grounds. Stay alert to litigation updates that may affect your clients’ cases.
Disclaimer
Fola Editorial is a software company, not a law firm, and this article does not constitute legal advice. Please consult with a licensed immigration attorney before taking any action based on this information. Immigration policy can change without notice, and you should verify all information against the primary source linked above and current agency guidance.