Adjudication of Family-Based Petitions

A. Petition Review [Reserved]

B. Interviews

USCIS has the authority to interview any petitioner or alien beneficiary. [1] USCIS may interview the petitioner, beneficiary, or both parties, either together or separately at any stage in the adjudication. [2] The U.S. Department of State (DOS) generally conducts in-person interviews when the alien applies for an immigrant visa.

While USCIS may interview any applicant, petitioner, or beneficiary, USCIS requires an interview in connection with a Petition for Alien Relative ( Form I-130 ) as indicated in the table below.

USCIS Field Operations Directorate (FOD) conducts most family-based immigrant visa petition interviews. When a family-based immigrant visa petition is submitted to a USCIS Service Center after intake and the case requires an interview, the Service Center refers the case, with an explanation of the reason for the interview, to the local FOD office with jurisdiction over the case. The FOD office schedules the interview according to its availability and completes adjudication of the case.

C. Decision

1. Approvals

If the petitioner properly files the petition in accordance with regulations and the form instructions and demonstrates they meet eligibility requirements, then USCIS must approve the petition. [7] Generally, there is no discretionary analysis as part of the adjudication of a family-based immigrant petition, and USCIS cannot deny these petitions as a matter of discretion. [8]

The alien’s history or character is usually not relevant to the adjudication. [9] However, if during the adjudication the officer encounters grounds of inadmissibility that are relevant for adjustment of status or consular processing, the officer should document the specific grounds or factors for USCIS or the U.S. Department of State (DOS) to review during the alien’s application for adjustment of status or an immigrant visa.

er is usually not relevant to the adjudication. [9] However, if during the adjudication the officer encounters grounds of inadmissibility that are relevant for adjustment of status or consular processing, the officer should document the specific grounds or factors for USCIS or the U.S. Department of State (DOS) to review during the alien’s application for adjustment of status or an immigrant visa.

USCIS approves a Petition for Alien Relative ( Form I-130 ) [10] if the petitioner establishes that they are a U.S. citizen, U.S. national or lawful permanent resident (LPR) and a qualifying relationship exists between the petitioner and the alien beneficiary.

An alien beneficiary may apply to immigrate to the United States and become an LPR if there is an available visa [11] and they are the beneficiary of an approved Form I-130 or an approved Petition for Amerasian, Widow(er), or Special Immigrant ( Form I-360 ). [12]

Notice of Approval

USCIS notifies the petitioner of the approval on a Notice of Action (Form I-797). [13] The approval notice generally acknowledges the petitioner’s declaration regarding the alien beneficiary’s intent to immigrate to the United States through consular processing with DOS or to adjust status to lawful permanent residence in the United States, if eligible.

When approving the petition, the USCIS officer ensures that the notice accurately reflects the correct priority date, the proper section of law with the alien beneficiary’s designated immigration classification, and whether USCIS will forward the petition to the DOS National Visa Center (NVC) for consular processing or retain the petition for the alien beneficiary to seek adjustment of status if eligible.

Correcting Errors in a Notice of Approval

The petitioner may request a corrected notice from USCIS if the approval notice is missing information, such as the correct priority date or the proper section of law with the beneficiary’s designated immigration classification, or has a mistake because of USCIS error. [14]

the petition for the alien beneficiary to seek adjustment of status if eligible.

Correcting Errors in a Notice of Approval

The petitioner may request a corrected notice from USCIS if the approval notice is missing information, such as the correct priority date or the proper section of law with the beneficiary’s designated immigration classification, or has a mistake because of USCIS error. [14]

If a mistake is related to the alien beneficiary’s classification or the priority date, the consular officer who is adjudicating the visa application may return the petition for corrective action. Similarly, the USCIS officer adjudicating the adjustment of status application may review the petition for corrective action. This may delay the alien beneficiary’s immigrant visa processing or adjustment of status.

To prevent these errors and delays, the petitioner should ensure they provide the correct information in the petition and notify USCIS of any changes or corrections needed.

Consular Processing or Adjustment of Status

Generally, if the petitioner indicates the alien beneficiary intends to adjust status in the United States, and the alien beneficiary is in the United States and eligible to adjust, USCIS retains the petition for adjustment of status processing. [15] If the petitioner indicates that the alien beneficiary intends to consular process or if the file indicates the alien beneficiary is ineligible to adjust status, [16] USCIS sends the approved petition to the NVC. [17] When an immigrant visa becomes available, the NVC forwards the approved petition to the appropriate consulate. [18]

CIS retains the petition for adjustment of status processing. [15] If the petitioner indicates that the alien beneficiary intends to consular process or if the file indicates the alien beneficiary is ineligible to adjust status, [16] USCIS sends the approved petition to the NVC. [17] When an immigrant visa becomes available, the NVC forwards the approved petition to the appropriate consulate. [18]

It is important for the petitioner to answer the questions completely and accurately on the petition about the alien beneficiary’s location and whether the alien beneficiary intends to adjust status in the United States or consular process with DOS outside of the United States. If applicable, it is also important that the petitioner identify the embassy or consulate where the alien beneficiary intends to consular process. If the petitioner does not provide this information on the petition or does not contact USCIS to update this information prior to final adjudication, further action on the approved petition may be delayed and there may be additional fees. [19]

If the petitioner leaves the relevant questions on the petition blank or the petitioner selects both the option to consular process and the option to adjust status in the United States on Form I-130 , [20] USCIS exercises discretion to determine whether to send the approved petition to the NVC or retain the petition for adjustment of status processing by reviewing evidence of the alien beneficiary’s most recent location, including the alien beneficiary’s physical address on the petition, and whether the file indicates the alien beneficiary is eligible to adjust status.

USCIS generally retains the approved Form I-130 when:

- The petitioner indicates on the Form I-130 that the alien beneficiary is in the United States and will apply for adjustment of status in the United States;

- The alien beneficiary’s physical address on the petition is in the United States and the petitioner indicates both adjustment of status and consular processing on the Form I-130;

tus.

USCIS generally retains the approved Form I-130 when:

- The petitioner indicates on the Form I-130 that the alien beneficiary is in the United States and will apply for adjustment of status in the United States;

- The alien beneficiary’s physical address on the petition is in the United States and the petitioner indicates both adjustment of status and consular processing on the Form I-130;

- The alien beneficiary’s physical address on the petition is in the United States and the petitioner indicates neither adjustment of status nor consular processing on the Form I-130; or

- The alien beneficiary filed an Application to Register Permanent Residence or Adjust Status ( Form I-485 ) and the beneficiary’s physical address on the petition is in the United States.

USCIS generally sends the approved Form I-130 to the NVC when:

- The petitioner indicates on the Form I-130 that the alien beneficiary will not apply for adjustment of status and will apply for an immigrant visa through consular processing on the Form I-130; [21]

- The alien beneficiary’s physical address on the petition is outside the United States and the petitioner indicates both adjustment of status and consular processing on the Form I-130;

- The alien beneficiary’s physical address on the petition is outside the United States and the petitioner indicates neither adjustment of status nor consular processing on the Form I-130; or

- The alien beneficiary’s physical address on the petition is in the United States, but the record indicates the alien beneficiary is ineligible to adjust status.

Prior to final adjudication of the petition, the petitioner may provide updates on the petition, including whether the beneficiary intends to adjust status or consular process, the preferred embassy or consulate for visa processing, and the beneficiary’s address. To provide updated information on a pending petition, petitioners should contact the office indicated on the Form I-130 receipt notice. [22]

r to final adjudication of the petition, the petitioner may provide updates on the petition, including whether the beneficiary intends to adjust status or consular process, the preferred embassy or consulate for visa processing, and the beneficiary’s address. To provide updated information on a pending petition, petitioners should contact the office indicated on the Form I-130 receipt notice. [22]

If USCIS has approved the petition, a petitioner must file an Application for Action on an Approved Application or Petition ( Form I-824 ) with a fee, if applicable, [23] to change from adjustment of status to consular processing, or update the preferred embassy or consulate. [24] If the petitioner seeks to change from consular processing to adjustment of status, USCIS works with the NVC to return the petition for adjustment of status processing.

2. Denials

Generally, USCIS may only deny a family-based immigrant visa petition if the petitioner fails to establish status as a U.S. citizen, U.S. national, or LPR, or the petitioner fails to establish a qualifying relationship to the alien beneficiary. [25]

USCIS may deny without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) if there is no legal basis for approval and no additional information could establish a legal basis for approval (for example, a petition submitted on behalf of an alien relative who does not fall under a category provided for in the Immigration and Nationality Act, such as a grandparent). [26]

If USCIS denies a petition, USCIS explains in writing the specific reasons for the denial, and the right to appeal if applicable.

3. Removable Aliens

If USCIS determines the alien beneficiary is removeable and amenable to removal from the United States USCIS may issue a Notice to Appear (NTA) placing the beneficiary in removal proceedings. Petitioners and alien beneficiaries should be aware that a family-based petition accords no immigration status nor does it bar removal.

D. Post Decision Actions

to appeal if applicable.

3. Removable Aliens

If USCIS determines the alien beneficiary is removeable and amenable to removal from the United States USCIS may issue a Notice to Appear (NTA) placing the beneficiary in removal proceedings. Petitioners and alien beneficiaries should be aware that a family-based petition accords no immigration status nor does it bar removal.

D. Post Decision Actions

A petitioner may withdraw an approved family-based immigrant petition up until the beneficiary is admitted or granted adjustment of status based on the approved immigrant petition. [27]

An approved petition may be automatically revoked before the alien beneficiary’s journey to the United States commences or, if the alien beneficiary or self-petitioner is an applicant for adjustment of status, before the decision on the beneficiary’s adjustment application becomes final. [28] An approved petition may also be revoked upon written notice to the petitioner if certain conditions occur or are discovered. [29]

Unless denied for abandonment or withdrawal, [30] the petitioner may appeal a family-based immigrant petition that was denied or revoked upon notice to the Board of Immigration Appeals (BIA), or USCIS may review the denied or revoked petition following a motion to reopen or reconsider.

1. Withdrawal of Petition

A petitioner may voluntarily withdraw a family-based petition before USCIS issues a decision or after USCIS has approved the petition if the beneficiary has not yet adjusted status or been admitted as an LPR. [31] The alien beneficiary of a family-based petition may not withdraw the petition. [32] A withdrawal may not be retracted.

wing a motion to reopen or reconsider.

1. Withdrawal of Petition

A petitioner may voluntarily withdraw a family-based petition before USCIS issues a decision or after USCIS has approved the petition if the beneficiary has not yet adjusted status or been admitted as an LPR. [31] The alien beneficiary of a family-based petition may not withdraw the petition. [32] A withdrawal may not be retracted.

Withdrawal is a voluntary action, and officers should not coerce petitioners into withdrawing a petition. However, an officer may suggest withdrawal as an alternative to a formal denial if the officer has not yet denied the petition. [33] Whenever an officer receives a withdrawal request, [34] the officer should acknowledge the request in writing. USCIS may not refuse a withdrawal request. [35]

Although a withdrawal by a petitioner is not necessarily an indication of fraud, officers must consider the facts surrounding any prior withdrawal in the event the same petitioner files a subsequent petition. [36] Once USCIS accepts and acknowledges a withdrawal request, the petitioner may not appeal since USCIS no longer has authority to render a decision on the petition. [37]

2. Automatic Revocation

An approved family-based immigrant petition may be automatically revoked under certain circumstances if the alien beneficiary has not yet adjusted status or commenced his or her journey to the United States. [38] The following circumstances generally trigger automatic revocation of a family-based immigrant petition: [39]

- Termination of an alien beneficiary’s registration for an available visa by DOS; [40]

- Written notice of withdrawal by the petitioner (or self-petitioner); [41]

- Death of the alien beneficiary or self-petitioner; [42]

- Death of the petitioner; [43]

- Legal termination of a marriage that is the basis of the petition;

- Marriage of the son or daughter of a lawful permanent resident (LPR); [44] or

- Legal termination of a petitioner’s LPR status, other than through naturalization.

itten notice of withdrawal by the petitioner (or self-petitioner); [41]

- Death of the alien beneficiary or self-petitioner; [42]

- Death of the petitioner; [43]

- Legal termination of a marriage that is the basis of the petition;

- Marriage of the son or daughter of a lawful permanent resident (LPR); [44] or

- Legal termination of a petitioner’s LPR status, other than through naturalization.

Effective Date of Automatic Revocation

Under each of these grounds, the revocation is automatically triggered by the circumstance’s occurrence regardless of whether USCIS is aware of the circumstance. Although the circumstance triggers the revocation, the revocation is effective as of the date of the petition’s approval, not when USCIS issues notice of the revocation or when the circumstance occurred. [45]

For example, if a beneficiary of an approved petition as the unmarried son or daughter of an LPR marries before immigrating or adjusting status, the event of the marriage triggers the automatic revocation. Since the petition’s approval is automatically revoked as of the date of approval, it does not become valid again if the marriage of the beneficiary is terminated through divorce or death of the beneficiary’s spouse. Generally, if the marriage is annulled, the legal effect is that the marriage never occurred and, therefore, neither did the revocation. [46]

Notice of Automatic Revocation

When USCIS becomes aware of a circumstance triggering automatic revocation in an approved family-based immigrant petition, USCIS sends a revocation notice to the petitioner’s last known address and the petitioner’s legal representative (if any). [47] If the alien beneficiary is outside the United States and intends to consular process, USCIS must also notify DOS [48] of the revocation. [49]

There is no right to appeal an automatically revoked petition, [50] but petitioners may file a motion to reopen or reconsider a decision made by USCIS.

3. Revocation Upon Notice

s last known address and the petitioner’s legal representative (if any). [47] If the alien beneficiary is outside the United States and intends to consular process, USCIS must also notify DOS [48] of the revocation. [49]

There is no right to appeal an automatically revoked petition, [50] but petitioners may file a motion to reopen or reconsider a decision made by USCIS.

3. Revocation Upon Notice

In addition to the grounds for automatic revocation, at any time USCIS may revoke an approved petition upon notice [51] for good and sufficient cause. [52] USCIS must give the petitioner the opportunity to offer evidence in support of the petition and to rebut the grounds supporting USCIS’ initiation of revocation proceedings. [53]

Effective Date of Revocation Upon Notice

Unlike automatic revocation, when USCIS revokes a petition upon notice, the revocation is effective as of the date on which the revocation decision becomes final, including any decision on appeal. [54]

Good and Sufficient Cause

The INA permits the revocation at any time of approved family-based petitions for good and sufficient cause. [55] The BIA has held that there is good and sufficient cause for revoking an approved petition upon notice when the evidence in the record at the time the notice is issued, if unexplained and unrebutted, would warrant a denial based on the petitioner’s failure to meet the burden of proof. [56] This discretion is provided by statute and is not subject to judicial review. [57]

At any time, USCIS may initiate revocation proceedings on an immigrant visa petition when USCIS becomes aware of the necessity of the revocation. [58] While this necessity may be the result of a particular triggering event, USCIS may also initiate revocation proceedings upon notice without a specific triggering event. There may be a series of events leading up to a determination to revoke an approved petition upon notice, and the events could have occurred either before or after the original approval.

Notice of Intent to Revoke

revocation. [58] While this necessity may be the result of a particular triggering event, USCIS may also initiate revocation proceedings upon notice without a specific triggering event. There may be a series of events leading up to a determination to revoke an approved petition upon notice, and the events could have occurred either before or after the original approval.

Notice of Intent to Revoke

When it appears that revocation upon notice is appropriate, USCIS sends the petitioner a Notice of Intent to Revoke (NOIR). [59] An NOIR must include all the reasons for which USCIS intends to revoke the approval of the petition. The petitioner is only required to respond to, and the ultimate decision can only be based on, reasons that were specified in the notice.

In addition to a specific statement of the facts and evidence underlying the proposed revocation, the notice must advise the petitioner of the right to review and rebut the evidence. [60] A decision to revoke the approval of a visa petition is not valid if USCIS did not properly issue the NOIR. [61]

Generally, the petitioner has 30 days to respond to the NOIR (33 days if USCIS mails the notice). [62] If the petitioner requests additional time to respond, USCIS may grant the petitioner additional time to respond to the notice.

If the petitioner does not respond within the allotted time, or if the response is inadequate to meet the petitioner’s burden of proof, the officer revokes the approval and notifies the petitioner [63] of revocation and the opportunity to file an appeal. [64] The petitioner may appeal the decision to revoke the approval within 15 calendar days after service of the notice of the revocation. [65]

.

If the petitioner does not respond within the allotted time, or if the response is inadequate to meet the petitioner’s burden of proof, the officer revokes the approval and notifies the petitioner [63] of revocation and the opportunity to file an appeal. [64] The petitioner may appeal the decision to revoke the approval within 15 calendar days after service of the notice of the revocation. [65]

If the petitioner responds and sufficiently rebuts all grounds for revocation, USCIS reaffirms the petition and sends notice of the reaffirmation to the petitioner. If the decision to reaffirm the petition followed a consular return, USCIS returns the petition to DOS with copies of the NOIR, the petitioner’s response, and the letter of reaffirmation.

4. Appeals and Motions

If USCIS denies a family-based immigrant visa petition, a petitioner has the right to appeal the decision within 30 calendar days from the date of the decision. [66] However, if USCIS revokes upon notice the approval of a family-based immigrant visa petition, a petitioner has the right to appeal the decision within 15 days after service of the notice of the revocation. [67]

Petitioners of family-based immigrant visa petitions may file an appeal using a Notice of Appeal to the Board of Immigration Appeals (BIA) from a Decision of a DHS Officer ( Form EOIR-29 ). The BIA has jurisdiction over most appeals of decisions on a Petition for Alien Relative ( Form I-130 ) and on a Petition for Amerasian, Widow(er), or Special Immigrant ( Form I-360 ) for a widow or widower. [68]

Once the petitioner has properly filed a Form EOIR-29 in accordance with regulations and the form instructions, a USCIS officer reviews the appeal. If the USCIS officer determines that the underlying petition is approvable, USCIS may reopen the petition on a service motion and approve the petition. [69] USCIS may only reopen the petition if the case is going to be approved. Some examples of reasons USCIS may reopen and approve a petition include:

-29 in accordance with regulations and the form instructions, a USCIS officer reviews the appeal. If the USCIS officer determines that the underlying petition is approvable, USCIS may reopen the petition on a service motion and approve the petition. [69] USCIS may only reopen the petition if the case is going to be approved. Some examples of reasons USCIS may reopen and approve a petition include:

- USCIS overlooked evidence that was provided before final adjudication and the petition is approvable after reviewing the evidence;

- The petitioner provided new facts [70] that are supported by affidavits or other documentary evidence, and the petition is approvable [71] after reviewing the new facts; or

- USCIS made another error [72] (for example, USCIS sent a request for evidence to the incorrect address).

If USCIS does not reopen and approve the underlying petition, USCIS creates a record of proceedings (ROP), USCIS counsel prepares a brief, and the ROP and brief are forwarded to the BIA.

A petitioner may also submit a Notice of Appeal or Motion ( Form I-290B ) to file only a motion to reopen or reconsider a USCIS decision. [73] The petitioner must file either motion within 30 days of the denial, or 33 days if the denial was sent by mail. [74] Petitioners should not submit a Form I-290B in lieu of the EOIR-29 if they want to appeal USCIS’ decision. Failure to file the EOIR-29 within 30 days will result in a loss of appellate rights.

Footnotes

[1] See 8 CFR 103.2(b)(9) .

[2] See 8 CFR 103.2(b)(7) and 8 CFR 103.2(b)(9) .

[3] USCIS may still require an interview with the petitioner or alien beneficiary even beyond these enumerated circumstances. Additionally, USCIS may conduct an interview in Form I-130 petitions filed concurrently with the Form I-485.

[4] See Stokes v. INS , 393 F. Supp. 24 (S.D.N.Y. 1975). See Stokes v. INS , 74-cv-1022 (S.D.N.Y., Nov. 10, 1976).

[5] See INA 204(a)(2) .

[6] See INA 204(g) .

.

[3] USCIS may still require an interview with the petitioner or alien beneficiary even beyond these enumerated circumstances. Additionally, USCIS may conduct an interview in Form I-130 petitions filed concurrently with the Form I-485.

[4] See Stokes v. INS , 393 F. Supp. 24 (S.D.N.Y. 1975). See Stokes v. INS , 74-cv-1022 (S.D.N.Y., Nov. 10, 1976).

[5] See INA 204(a)(2) .

[6] See INA 204(g) .

[7] In this section, petition refers to the Petition for Alien Relative ( Form I-130 ) and the Petition for Amerasian, Widow(er), or Special Immigrant ( Form I-360 ), where an alien filed Form I-360 as a self-petitioner seeking to immigrate as an abused spouse, child, or parent; as an Amerasian; or as a widow or widower of a U.S. citizen. See Volume 3, Humanitarian Protection and Parole, Part D, Violence Against Women Act [ 3 USCIS-PM D ]. See Volume 7, Adjustment of Status, Part P, Other Adjustment Programs, Chapter 9, Amerasian Immigrants [ 7 USCIS-PM P.9 ]. See the USCIS Green Card for Widow(er) of a U.S. Citizen webpage. As used in this section, the term beneficiary may also refer to these Form I-360 self-petitioners.

[8] See INA 204(b) . If the petitioner establishes the claimed relationship with the alien beneficiary, USCIS does not have discretion to deny the petition, unless the petition is subject to the Adam Walsh Act or is subject to relief under INA 204(l) .

[9] See Matter of O– (PDF) , 8 I&N Dec. 295 (BIA 1959) (admissibility of beneficiary is not relevant to decision of visa petition). However, if the alien beneficiary previously entered into a marriage for the purpose of evading immigration laws, such conduct would be relevant to the adjudication of the petition. See INA 204(c) .

ect to the Adam Walsh Act or is subject to relief under INA 204(l) .

[9] See Matter of O– (PDF) , 8 I&N Dec. 295 (BIA 1959) (admissibility of beneficiary is not relevant to decision of visa petition). However, if the alien beneficiary previously entered into a marriage for the purpose of evading immigration laws, such conduct would be relevant to the adjudication of the petition. See INA 204(c) .

[10] For information on Form I-360 approvals where the applicant filed Form I-360 as a self-petitioner seeking to immigrate as an abused spouse, child, or parent; as an Amerasian; or as a widow or widower of a U.S. citizen, see Volume 3, Humanitarian Protection and Parole, Part D, Violence Against Women Act, Chapter 5, Adjudication, Section D, Decision, Subsection 2, Approvals [ 3 USCIS-PM D.5(D)(2) ]. See Volume 7, Adjustment of Status, Part P, Other Adjustment Programs, Chapter 9, Amerasian Immigrants, Section D, Petition for Amerasian, Subsection 3, Decision [ 7 USCIS-PM P.9(D)(3) ]. See the USCIS Green Card for Widow(er) of a U.S. Citizen webpage.

[11] See the USCIS Visa Availability and Priority Dates webpage.

[12] For information on additional requirements following the approval of a family-based immigrant visa petition, see the USCIS Consular Processing webpage and USCIS Adjustment of Status webpage.

[13] See 8 CFR 103.2(b)(19) and 8 CFR 204.2 .

[14] For additional information, see the Form I-130 webpage.

[15] See 8 CFR 204.2(a)(3) , 8 CFR 204.2(b)(3) , 8 CFR 204.2(c)(3) , 8 CFR 204.2(e)(3) , 8 CFR 204.2(f)(3) , and 8 CFR 204.2(g)(3) .

[16] Officers should not affirmatively review a Form I-130 petition for admissibility issues when adjudicating a family-based immigrant petition. However, if an officer becomes aware of an alien’s ineligibility to adjust status during the adjudication, and the officer approves the petition, the officer should route the petition to the NVC.

[17] See 8 CFR 204.2(a)(3) , 8 CFR 204.2(b)(3) , 8 CFR 204.2(c)(3) , 8 CFR 204.2(e)(3) , 8 CFR 204.2(f)(3) , and 8 CFR 204.2(g)(3) .

issibility issues when adjudicating a family-based immigrant petition. However, if an officer becomes aware of an alien’s ineligibility to adjust status during the adjudication, and the officer approves the petition, the officer should route the petition to the NVC.

[17] See 8 CFR 204.2(a)(3) , 8 CFR 204.2(b)(3) , 8 CFR 204.2(c)(3) , 8 CFR 204.2(e)(3) , 8 CFR 204.2(f)(3) , and 8 CFR 204.2(g)(3) .

[18] For additional information on NVC visa processing, see step two of the DOS’s Immigrant Visa Process webpage.

[19] For additional information about requesting action on an approved petition, see the USCIS Form I-824 webpage.

[20] Form I-360 does not contain the option to select either consular processing or to adjust status in the United States. However, the form does ask for information about the U.S. consulate at which the self-petitioner prefers to apply for an immigrant visa if they are outside the United States, ineligible to adjust status in the United States, or they do not wish to adjust status. If the self-petitioner provides the U.S. consulate information, or fails to provide the information but provides an address outside the United States, USCIS forwards the Form I-360 to the NVC. Otherwise, USCIS retains the Form I-360.

[21] See the DOS’s Visa Issuing Posts webpage. If the consulate designated on the petition does not issue immigrant visas, officers may use the beneficiary’s country of birth as indicated on the petition. If the beneficiary is unable to return to the country of birth or if a U.S. consulate is not present in the beneficiary's country of birth, the petitioner may request another U.S. consulate through the first designated consulate. If the new consulate accepts jurisdiction, officers annotate the petition accordingly before forwarding the petition to the NVC.

[22] See the Form I-130 webpage for additional instructions on how to contact USCIS to provide updated information on a pending petition.

ent in the beneficiary's country of birth, the petitioner may request another U.S. consulate through the first designated consulate. If the new consulate accepts jurisdiction, officers annotate the petition accordingly before forwarding the petition to the NVC.

[22] See the Form I-130 webpage for additional instructions on how to contact USCIS to provide updated information on a pending petition.

[23] Certain individuals may be eligible for a fee exemption. For information on fees, see the Fee Schedule ( Form G-1055 ).

[24] See 8 CFR 103.9 . See Form I-824 .

[25] See INA 204(b) . See 8 CFR 204.2 .

[26] See Volume 1, General Policies and Procedures, Part E, Adjudications, Chapter 6, Evidence, Section F, Requests for Evidence and Notices of Intent to Deny [ 1 USCIS-PM E.6(F) ].

[27] See 8 CFR 103.2(b)(6) . This pertains to any information provided to USCIS as part of a benefit request or related application, including interview notes. See 8 CFR 205.1(a)(3) .

[28] See 8 CFR 205.1(a)(3) .

[29] See INA 205 . See 8 CFR 205.2 .

[30] See 8 CFR 103.2(b)(15) .

[31] See 8 CFR 103.2(b)(6) .

[32] See 8 CFR 103.2(b)(6) .

[33] A withdrawn petition cannot be denied. See Matter of Cintron (PDF) , 16 I&N Dec. 9 (BIA 1976).

[34] A petitioner’s request for a withdrawal should be received through a written statement.

[35] See Matter of Cintron (PDF) , 16 I&N Dec. 9 (BIA 1976).

[36] See Matter of Isber , (PDF) 20 I&N Dec. 676 (BIA 1993).

[37] See 8 CFR 103.2(b)(15) . See Matter of Cintron (PDF) , 16 I&N Dec. 9 (BIA 1976).

[38] See 8 CFR 205.1(a) .

[39] See 8 CFR 205.1(a) .

[40] See INA 203(g) . However, if the beneficiary files a Form I-485 prior to the termination by DOS, then automatic revocation does not occur.

[41] See 8 CFR 205.1(a) .

16 I&N Dec. 9 (BIA 1976).

[36] See Matter of Isber , (PDF) 20 I&N Dec. 676 (BIA 1993).

[37] See 8 CFR 103.2(b)(15) . See Matter of Cintron (PDF) , 16 I&N Dec. 9 (BIA 1976).

[38] See 8 CFR 205.1(a) .

[39] See 8 CFR 205.1(a) .

[40] See INA 203(g) . However, if the beneficiary files a Form I-485 prior to the termination by DOS, then automatic revocation does not occur.

[41] See 8 CFR 205.1(a) .

[42] In some cases where the principal beneficiary or self-petitioner dies before USCIS makes a decision on the adjustment of status application, the derivative beneficiaries may still be eligible to adjust status. For more information, see Volume 7, Adjustment of Status, Part A, Adjustment of Status Policies and Procedures, Chapter 9, Death of Petitioner or Principal Beneficiary [ 7 USCIS-PM A.9 ].

[43] In some cases where the petitioner dies before USCIS makes a decision on the adjustment of status application, the principal beneficiary and any derivative beneficiaries of the immigrant petition may still be eligible to adjust status. For more information see Volume 7, Adjustment of Status, Part A, Adjustment of Status Policies and Procedures, Chapter 9, Death of Petitioner or Principal Beneficiary [ 7 USCIS-PM A.9 ].

[44] This includes the marriage of children of LPRs (under 21 years of age) in the F2A category as well as the marriage of sons and daughters of LPRs (21 years of age or older) in the F2B category.

[45] See 8 CFR 205.1(a) . This is different in revocation upon notice under 8 CFR 205.2 .

[46] However, USCIS does not have to recognize annulments where there was fraud or manipulation of immigration laws. See Matter of Magana (PDF) , 17 I&N Dec. 111 (BIA 1979) and Matter of Wong (PDF) , 16 I&N Dec. 87 (BIA 1977).

[47] See 8 CFR 205.1(b) .

[48] USCIS generally forwards approved petitions for beneficiaries outside of the United States to DOS at the National Visa Center, or where otherwise designated by DOS.

[49] See 8 CFR 205.1(b) .

lments where there was fraud or manipulation of immigration laws. See Matter of Magana (PDF) , 17 I&N Dec. 111 (BIA 1979) and Matter of Wong (PDF) , 16 I&N Dec. 87 (BIA 1977).

[47] See 8 CFR 205.1(b) .

[48] USCIS generally forwards approved petitions for beneficiaries outside of the United States to DOS at the National Visa Center, or where otherwise designated by DOS.

[49] See 8 CFR 205.1(b) .

[50] The Board of Immigration Appeals (BIA) does not have jurisdiction over automatic revocations of visa petitions. See Matter of Zaidan (PDF) , 19 I&N Dec. 297 (BIA 1985). See the BIA Practice Manual, Chapter 9.4(a) , Jurisdiction.

[51] See 8 CFR 205.2(a) .

[52] See INA 205 .

[53] See 8 CFR 205.2(b) .

[54] See 8 CFR 205.2(a) .

[55] See INA 205 .

[56] See Matter of Estime (PDF) , 19 I&N Dec. 450 (BIA 1987).

[57] See INA 205 . See Bouarfa v. Mayorkas , 604 U.S. 6 (Dec. 10, 2024). The statute states that the “Secretary of Homeland Security may, at any time, for what he deems to be good and sufficient cause, revoke the approval of any petition approved by him” under section INA 204 .

[58] See 8 CFR 205.2(a) .

[59] See 8 CFR 205.2(b) .

[60] See 8 CFR 103.2(b)(16) . A petitioner must be permitted to inspect the record of proceeding and be advised of derogatory evidence, with exceptions related to classified materials and as outlined in this Policy Manual part. See Matter of Estime (PDF) , 19 I&N Dec. 450 (BIA 1987).

[61] See Matter of Estime (PDF) , 19 I&N Dec. 450 (BIA 1987).

[62] See Volume 1, General Policies and Procedures, Part E, Adjudications, Chapter 10, Post-Decision Actions [ 1 USCIS-PM E.10 ]. See 8 CFR 103.8 .

[63] If applicable, USCIS must also notify DOS of the revocation of an approval. See 8 CFR 205.2(c) .

in this Policy Manual part. See Matter of Estime (PDF) , 19 I&N Dec. 450 (BIA 1987).

[61] See Matter of Estime (PDF) , 19 I&N Dec. 450 (BIA 1987).

[62] See Volume 1, General Policies and Procedures, Part E, Adjudications, Chapter 10, Post-Decision Actions [ 1 USCIS-PM E.10 ]. See 8 CFR 103.8 .

[63] If applicable, USCIS must also notify DOS of the revocation of an approval. See 8 CFR 205.2(c) .

[64] See 8 CFR 205.2(d) . The petitioner has the same appeal rights from a decision to revoke upon notice as a decision to deny the petition. If a denial of the petition would be appealable, so is the revocation. The petitioner also has a right to file a motion to reopen or reconsider the decision revoking the petition approval.

[65] See 8 CFR 1003.3(a)(2) . The notice of revocation must include information about appeal rights. The petitioner has the same appeal rights from a decision to revoke upon notice as they would have from a decision to deny the petition. The petitioner also has a right to file a motion to reopen or reconsider the decision revoking the petition approval.

[66] See 8 CFR 1003.3(a)(2) .

[67] See 8 CFR 205.2 and 8 CFR 1205.2(d) . Although the regulations provide for 15 days for the appeal of a revocation on notice, the BIA applies 30-days for appeal denials and revocations on notice, pursuant to 8 CFR 1003.3(a)(2) .

[68] See 8 CFR 1003.5(b) . For additional information on BIA actions and procedures, see the BIA Practice Manual webpage.

[69] See 8 CFR 1003.5(b) .

[70] New facts are facts that demonstrate eligibility at the time of filing, are relevant to the issues raised on motion, and have not been previously submitted in the proceeding. New facts are not facts that present new or changed eligibility. See 8 CFR 103.5(a)(2) and USCIS Questions and Answers: Appeals and Motions for additional information on motion to reopen requirements.

8 CFR 1003.5(b) .

[70] New facts are facts that demonstrate eligibility at the time of filing, are relevant to the issues raised on motion, and have not been previously submitted in the proceeding. New facts are not facts that present new or changed eligibility. See 8 CFR 103.5(a)(2) and USCIS Questions and Answers: Appeals and Motions for additional information on motion to reopen requirements.

[71] The evidence must establish eligibility at the time of filing the benefit request. See 8 CFR 103.2(b)(1) and (12) . See Matter of Bardouille (PDF) , 18 I&N Dec. 114 (BIA 1981); Matter of Drigo (PDF) , 18 I&N Dec. 223 (BIA 1982). If the petitioner was not already eligible when the petition was filed, subsequent developments cannot retroactively establish eligibility as of the filing date. See Matter of Katigbak (PDF) , 14 I&N Dec. 45, 49 (Reg. Comm’r 1971).

[72] See 8 CFR 103.5(a)(2) .

[73] See 8 CFR 103.5 .

[74] See 8 CFR 103.8 .