How to Notify Homeland Security of a Visa Termination

You can notify the Department of Homeland Security (DHS) about a visa termination through different ways. DHS is a federal agency that oversees many divisions, including the U.S. Immigration and Customs Enforcement (www.ice.gov), Citizenship and Immigration Services (uscis.gov), along with Customs and Border Protection (cbp.gov). While USCIS issues visas, you should contact ICE or CBP about violations.

Instructions

1. Understand the visa type, as both immigrant or non-immigrant visas exist. Immigrant visas are issued to foreigners who qualify for permanent residency in the U.S. While immigrant visas have expiration dates, obtaining lawful permanent resident (LPR) status through USCIS terminates the immigrant visa. So, once a person obtains LPR status, then DHS will be notified. The visa no longer is an issue for LPRs because it is not needed.

   On the other hand, non-immigrant visas allow only short-term entry into the U.S., such as by tourists, students, or temporary workers. Since non-immigrant visa holders are not expected to remain in the U.S., these visa terminations are important.

2. Confirm a visa termination to the best of your ability to avoid making frivolous or false claims. For example, a person who entered the U.S. on a fiancée visa and failed to marry within 90 days or married someone other than the sponsor has violated the fiancée or K visa terms. There is limited immigration relief to overcome the violation. Another example of a strong case involves student visas, which can be terminated when the student drops out of school.

3. Collect relevant information to provide to DHS officials. For instance, the name and address of the person with an expired visa. If local law enforcement officers have the visa violator in custody, they might notify ICE and place an ICE hold, so that the person is transferred to ICE custody when the local matter, such as assault or driving under the influence, is resolved.

4. Contact the DHS citizen line directly: you can reach operators at [phone] or leave comments at [phone]. ICE accepts suspicious activity calls, such as immigration violations, at 1(866) DHS-2-ICE. CBP accepts reports at 1(800) BE-ALERT. Information after a person departs from the U.S. is not as vital, given that DHS will not have jurisdiction. For instance, DHS is not as concerned when a person departs after overstaying by remaining in the U.S. longer than the visa allowed.

5. Consult with an immigration attorney before notifying DHS regarding your personal visa. The American Immigration Lawyers Association (AILA) is a professional organization of immigration attorneys. You should contact an immigration attorney rather than an attorney who practices in other areas of the law, such as real estate or personal injury, to receive thorough advice. Do not call a DHS agency and inform them that your visa has ended but that you want to stay. Instead, consult with an attorney to determine whether you qualify for any immigration relief.

Tips & Warnings

• Be prepared to disclose information about yourself, such as your name.

References

• Department of Homeland Security
• American Immigration Lawyers Association
• Department of State - K visa