Revocation of Approved Immigrant Visa Petitions
USCIS, which is authorized to approve immigration visa petitions, may revoke such petitions under certain circumstances. Please note that many immigrant visa petitions are revoked erroneously by the USCIS. If your immigrant visa petition is in danger of being revoked, contact the experienced and vigorous immigration visa attorneys at The Law Firm of Shihab & Associates. Our lawyers have handled complex cases and are willing to carefully analyze your case and advise you regarding your best course of action. Call or contact one of our competent immigration lawyers for a consultation.
Reasons for Revocation
The most common types of immigrant visa petitions are the Form I-130 (Petition for Alien Relative) and the Form I-140 (Immigrant Petition for Alien Worker). On approval of immigrant visa petitions by the USCIS, the U.S. Department of State (DOS) may grant a family-based or employment-based immigrant visa to the petitioner’s beneficiary and qualified derivatives. A beneficiary is an alien family member or employee who will seek admission to the United States upon approval of the petition and issuance of the appropriate visa from the DOS.
The immigrant visa petitions may be revoked at the discretion of the USCIS upon notice or under certain circumstances. The relevant rules include listing appropriate grounds for automatic revocation (8 CFR 205.1); revocation on notice (8 CFR 205.2); and specifying that revocation of immigrant visa petitions is discretionary (INA section 205).
If a DOS consular officer believes during the course of a visa interview that the petition should not have been approved or is no longer approvable, the petition may be referred back to the USCIS. In such cases, a memorandum explaining the reasons should accompany the returned petition. Contact us if you or your relative is experiencing such difficulties before the USCIS or before a US Consulate abroad. It is imperative to intervene at the correct time in order to preserve your case. Often times the government is wrong about their decision or observation, and you must have a competent lawyer to clarify the situation.
Once the petition is returned, a USCIS officer will review the petition and DOS’s findings, and may either:
Find that the petition is not revocable and return the petition to DOS with an explanation of the decision not to revoke the petition;
Issue a Notice of Intent to Revoke to the petitioner;
Issue a Notice of Automatic Revocation to the petitioner.
An approved petition or self-petition can be automatically revoked as of the date of approval (8 CFR 205.1) in situations like death of the beneficiary or the petitioner or termination of registration due to failure of the alien to file the application for an immigrant visa petition within the time allotted (INA § 203(g)). If the USCIS is aware of such circumstances, it will send a notice of the automatic revocation to the consular office having jurisdiction over the visa application with a copy to the petitioner’s last known address. If your immigrant visa is about to be revoked for whatever reason, contact us in a timely fashion so that we may analyze your matter and advise you regarding the correct course of action.
The approval of an immigrant visa petition may be revoked by issuing a notice of “revocation on notice” (i.e. Notice of Intent to Revoke (NOIR) to the petitioner (8 CFR 205.2). The NOIR will explain the reasons and will give the petitioner a reasonable period of time to submit evidence to show why the petition should not be revoked.
The petitioner must respond within the time allotted. An extension may be granted at the discretion of USCIS if the petitioner needs additional time to obtain documentation from abroad or for other meritorious reasons; however, the petitioner must timely respond to the NOIR by the stated deadline and provide a reason for requesting the extra time.
Decision on Revocation
If, based on the evidence received, the USCIS officer determines that the approval should not be revoked, the petitioner will receive a notice advising of the decision to reaffirm the petition. The petition will be returned to the DOS’s National Visa Center (NVC) for sending to the appropriate consulate with the USCIS letter of reaffirmation, a copy of the letter of intent to revoke and the petitioner’s response. The NVC will then forward the petition to the consular office. The consular officer may accept the petition as valid and adjudicate the visa application to completion, or present to USCIS new evidence that was not previously considered. In the latter case, USCIS will determine whether such evidence supports revocation of the petition. Contact us for a consultation.
If the petitioner does not overcome the basis for the revocation or fails to timely respond, a decision of revocation will be issued to the petitioner on Form I-292. The petitioner may file an appeal on a decision to revoke a petition just as if the petition had been denied originally, except that the authorized period for filing the appeal is only 15 days regardless of the type of petition (8 CFR 205.2(d)). Most courts have determined that a final decision by USCIS to revoke an immigrant visa petition is not reviewable.
Role of Consular Officer
A Consular officer may deny the visa application on the basis of Sec. 221 (g) of INA (temporary refusal of immigrant visa) pending USCIS review of the returned petition. If USCIS later reaffirms the approval of the petition, USCIS will send the petition back to DOS, at which point the consular officer will either accept the petition as valid and adjudicate the visa application to completion or present USCIS with new evidence that was not previously considered.
When a DOS consular officer denies an immigrant visa application, he or she will provide the beneficiary with a refusal letter listing the section of law under which the visa was refused.
If you have questions about an immigration matter, and/or you need help in the process, please contact our immigration attorneys or call The Law Firm of Shihab & Associates, Co., LPA at the nearest office close to you to speak with an attorney. We handle various matters including family immigration, immigrant visas, non-immigrant visas, employment visas and H1B visas, Investor Visas, PERM applications, Green Cards and Permanent Residence, and many more. Please contact us and experience how our firm can effectively achieve your objectives.