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What is Standard Operating Procedure When Petitions Are Sent Back to USCIS For Revocation?

Steven A. Culbreath

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There is some degree of curiosity and lack of knowledge surrounding what happens when a Consular Post sends an approved petition back to USCIS for revocation. The following will shed some light on this, thanks to some information recently provided by USCIS on this issue.

Once a petition/application is returned by a Consular Officer and received by USCIS, it is updated in the USCIS database (CLAIMS-3). A Form I-797C, Notice of Action, is generated and forwarded to the petitioner informing him/her that the Consulate has returned their petition for review.

Presently, the government's Adjudicator's Field Manual includes general standard operating procedures for revocations that apply when an adjudicator has found derogatory information or after a petition/ application has been returned for review (AFM chapter 20.3& 30.10).

USCIS will issue a Notice of Intent to Revoke (NOIR) granting the petitioner a reasonable period of time (usually 30 days) to submit evidence in opposition to the revocation.

If the petitioner overcomes the reasons for revocation, the adjudicator updates CLAIMS-3. A reaffirmation notice is then generated and forwarded to the petitioner. If the petition was returned from the Consulate, the petition is sent back to the consular post with copies of the letter of intent to revoke, the petitioner's response, and a reaffirmation memo stating the reason for the return.

If the petitioner does not overcome the basis for the revocation, or fails to respond timely, a decision of revocation is prepared on Form I-292. A petitioner may file an appeal on a decision to revoke a petition.

Steven A. Culbreath, Esq.
Immigration Lawyer

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