Trump administration plans B1 and B2 visa revocations for asylum seekers

BUFFALO, N.Y. — The Trump administration is preparing to revoke the business and tourism visas of as many as 200,000 foreigners who have applied for asylum in the United States, which could become the largest mass visa revocation in U.S. history.

For millions of people, a B-1 or B-2 visa is simply a way into the United States temporarily for business, tourism, or a family visit. However, the Trump administration stated that some people are using those visas to enter the country before seeking asylum. Immigration attorney Rossana Berardi at Berardi Immigration Law clarified the purpose of visas.

“A visa is something that the U.S. Department of State issues from abroad," said Berardi. "It doesn't mean if they have a visa and they're in the U.S. that they have to leave.”

The Trump administration is preparing to revoke B-1 and B-2 visas issued between 2016 and 2026 for people who have sought or are seeking asylum. The Associated Press reports up to 200,000 people nationwide could be affected. But in Upstate New York, Berardi doesn't see there being a high impact.

“I would say it would maybe be a 10% to 20% usage of that big number, because we’re in a state that has New York City, which is highly populated by foreign nationals," said Berardi. "But in terms of how this will play out locally, I think it’s going to have little to no impact.”

Visa revocation does not, however, automatically mean someone can be deported. But according to immigration attorney Aaron Aisen at the ECBA Volunteer Lawyers Project, it could put some people into immigration court proceedings and potentially expose them to detention.

“Usually you need to get a lawyer," said Aisen. "I will tell you that things are moving very quickly right now in immigration courts. They aren’t giving you all the time that you would hope for to gather evidence, documents, other things like that you would need to make your asylum case.”

Another important distinction, according to associate attorney Harith Mazrui at Borowski Witmer Immigration Lawyers, is that entering the U.S. on a tourist visa and later seeking asylum is not automatically illegal.

“Yes. That's legal," said Mazrui. "That's part of our asylum laws. For example, there’s war in Sudan. Someone who had a Sudanese business or a Sudanese tourist visa, they're legally entitled to apply for asylum.”

And all three attorneys said Western New York could be an especially interesting place to watch this play out because of the region’s international connections and constant movement across the U.S.-Canada border.

“Do not leave the United States," said Berardi. "Do not go up to Canada. Do not go on the wrong side of the Peace Bridge. If you do need to travel, make sure you're getting legal advice before doing so."

For now, the mass revocations are still being prepared, and the Trump administration's process is expected to unfold over time.

“This is all proposed," said Berardi, "as of now."