The United States Embassy in Georgetown has declined to comment on reports that High Court Judge Gino Persaud was prevented from travelling after being told that his US visa was “under review”.
“We’ve seen the media reports about Justice Persaud’s visa, but we cannot provide any comment,” Embassy Public Affairs Officer Jarrod Crockett told Kiskadee Watch in response to questions.
“As you noted, visa information is confidential. We also do not discuss scenarios about what happens with travelers and their visas. Sorry that I cannot give you more information than this,” he said.
The Embassy was asked whether “under review” is an official status for an already-issued visa; whether the holder or airline would normally be informed before travel; whether the holder could transit the United States during a review; and whether the reported circumstances involving Justice Persaud were accurate.
Crockett’s response neither confirmed nor denied the account concerning the judge. It also left unanswered what, if anything, was communicated to Justice Persaud or the airline.
The phrase “under review” does not, by itself, establish that a visa has been cancelled. Publicly available US guidance does not identify it as a separate, defined status for an already-issued visa. Without information from the authorities or the holder, it is not possible to determine whether the phrase referred to further checks, a provisional revocation or another travel-document issue.
The US Department of State draws a distinction between action concerning an issued visa and ‘administrative processing’ of a new application.
According to its [administrative-processing guidance](https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/administrative-processing-information.html), a completed visa application is either issued or refused. Where a consular officer requires additional information to determine eligibility, the application may be refused under Section 221(g) of the Immigration and Nationality Act while further processing takes place. The department says the applicant is informed at the end of the interview if that processing is required. The officer may subsequently find that the applicant qualifies for the visa or remains ineligible.
Different rules apply once a non-immigrant visa has been issued. Under Title 22, Section 41.122 of the US Code of Federal Regulations (https://www.ecfr.gov/current/title-22/chapter-I/subchapter-E/part-41/subpart-L/section-41.122), a consular officer may revoke such a visa. The regulation also provides for provisional revocation while information bearing on the holder’s eligibility is considered.
The regulation says the holder is to be notified of a revocation “if practicable”. It therefore does not guarantee that a traveller will receive notice before attempting to use the visa. A visa could also still appear unexpired in a passport after its electronic status has changed.
Airlines check travel documents and transmit passenger information to US authorities before carrying travellers to the United States. A carrier may consequently encounter a boarding or documentation problem at check-in without being given the underlying reason. The Embassy declined to explain how that process would apply to a visa described as “under review”.
Nor does the expiration date printed on a visa guarantee that its holder can travel or enter the United States. Admission is ultimately decided by US Customs and Border Protection at a port of entry.
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