Can USCIS Revoke a Family Sponsorship After Approval? 

Does family sponsorship approval guarantee your green card? Although it secures your place in line for an immigrant visa or adjustment of status, you must satisfy subsequent steps and eligibility requirements before the United States Citizenship and Immigration Services (USCIS) grants permanent residence. 

Even after approval, USCIS may revoke the Petition for Alien Relative and Petition for Alien Fiancé(e), automatically or after sending notice. In this post, we’ll walk you through the circumstances under which USCIS can initiate revocation of an already approved family-based petition and the appropriate steps to respond. 

When Can USCIS Revoke Family Sponsorship Approval

The petition typically proceeds to the National Visa Center (NVC) and to the US embassy or consulate for processing after USCIS approval. However, USCIS and the Department of State (DOS) have the authority to revoke an approved immigrant petition under defined conditions and procedures. 

Suppose substantial evidence demonstrates the approval was made in error. Section 205 of the Immigration and Nationality Act (INA) allows for the revocation of an approved petition for good and sufficient cause. Below are common cases where USCIS may initiate revocation. 

  • Fraud or misrepresentation in the petition or supporting documents
  • A material change in the sponsor’s or beneficiary’s circumstances affecting eligibility or the ability to provide sponsorship.
  • Newly discovered information indicating ineligibility or inadmissibility not originally known at the time of approval.

In most of these situations, the USCIS may issue a Notice of Intent to Revoke (NOIR) and give you a chance to respond with evidence before processing the final revocation. However, there are limited instances where the petition is automatically revoked. For instance, the petitioner’s death before the beneficiary receives permanent residency. 

How You Can Appropriately Respond to a Revocation Notice

Typically, you have 30 days to respond to a revocation notice before USCIS proceeds with revoking the petition. The exact timeline to respond is specified in the individual notice and may differ slightly. 

Depending on the jurisdiction, petitioners may also provide additional information following their initial response. In any case, consider the following tips when responding to a revocation notice: 

  • Read and fully comprehend the revocation notice before responding. 
  • Ensure to address all listed points in your response, even those you believe were previously covered.
  • Create a strong legal response with a knowledgeable and credible Los Angeles immigration lawyer.

Get Expert Legal Guidance from ALG Lawyers

Receiving revocation actions can be complex and involve some life-altering risks. Whether your petition is ultimately revoked or you’re facing a potential revocation, timely and appropriate action is critical to avoid further delays and unnecessary complications in your immigration goals. 

You can significantly strengthen your response by working with a Los Angeles immigration lawyer. Our team at ALG Lawyers can help organize your documents and clearly present your legal position. Contact our firm now for expert legal guidance on all immigration-related matters. 

FAQs on Can USCIS Revoke a Family Sponsorship After Approval

It’s possible to appeal a revocation decision to the Board of Immigration Appeals. However, the complexity and stakes are high, making it imperative to consult a Los Angeles immigration lawyer who can evaluate the specific grounds of the revocation, identify the right pathways, and prepare a strong case. 

There’s no fixed timeline on how long it takes for USCIS to decide after sending a revocation notice. USCIS will generally assess your response and make a final decision within a few months. Still, the processing time varies by case, depending on the petition type, the grounds for revocation, and the actions taken in response. 

You can take the following measures to prevent the risk of a revocation from happening and strengthen your position if you receive a revocation notice: 

  • Maintain clear records and build a well-documented case from the beginning. 
  • Ensure to provide accurate, consistent, and up-to-date information in the visa petition. 
  • Promptly respond to a request for evidence or notice of inquiry from USCIS. 
  • Seek guidance from a skilled Los Angeles immigration lawyer early. 

(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)