Chapter 6 - Post-Adjudicative Matters

A. Revocations

USCIS may revoke the approval of a self-petition with notice to the self-petitioner if, at any time prior to adjustment of status or consular processing, USCIS becomes aware of information that constitutes “good and sufficient cause” warranting revocation.^[1] Examples of reasons why the approval of a self-petition may be revoked may include, but are not limited to:

• The self-petitioner is no longer a person of good moral character; or
• The self-petitioner was not eligible for Violence Against Women Act (VAWA) classification at the time of filing or adjudication.

Unless the revocation is an automatic revocation,^[2] USCIS must provide self-petitioners with notice of the intent to revoke the approval of the self-petition and provide them an opportunity to respond.^[3]

If USCIS decides to revoke the approval of the self-petition following consideration of the response, the officer must provide written notification of the decision explaining the specific reasons for the revocation.^[4] The self-petitioner may appeal the decision to revoke the approval within 15 calendar days after service of the notice of the revocation or 18 days if the decision was sent by mail.^[5]

Officers must keep in mind the 8 U.S.C. 1367 confidentiality provisions preventing USCIS from making an adverse determination regarding of admissibility or deportability using information provided solely by an abuser, a family member of the abuser living in the same household, or someone acting on the abuser’s behalf, as well as the prohibition on the unauthorized disclosure of information related to a protected person, including acknowledgment that a self-petition exists.^[6]

B. Appeals, Motions to Reopen, and Motions to Reconsider

If USCIS denies a Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360), and a self-petitioner disagrees with the decision or has additional evidence to show the decision was incorrect, the self-petitioner may file an appeal, a motion to reopen, or a motion to reconsider by submitting a Notice of Appeal or Motion (Form I-290B).^[7]

Footnotes

[^ 1] See INA 205. See 8 CFR 205.1(a) and 8 CFR 205.2(a).

[^ 2] See 8 CFR 205.1(a).

[^ 3] See 8 CFR 205.2(b).

[^ 4] See 8 CFR 205.2(c).

[^ 5] See 8 CFR 205.2(d) and 8 CFR 103.8(b). Self-petitioners may appeal the decision to revoke the self-petition by filing a Notice of Appeal or Motion (Form I-290B).

[^ 6] See 8 U.S.C. 1367(a)(1)-(2). For additional information, see Volume 1, General Policies and Procedures, Part A, Public Services, Chapter 7, Privacy and Confidentiality, Section E, VAWA, T, and U Cases [1 USCIS-PM A.7(E)].

[^ 7] See 8 CFR 103.3 and 8 CFR 103.5.