Chapter 6 - Post-Adjudication Actions

us-uscis-policy-manual-volume-5-part-e-chapter-6Chapter 6 - Post-Adjudication ActionsGuidance

Revocation

USCIS may revoke an approved family-based petition[1] automatically or upon notice.[2]

The petitioner may appeal the revocation of a family-based petition to the Board of Immigration Appeals.[3]

Footnotes


[^ 1] See Petition for Alien Relative (Form I-130).

[^ 2] See 8 CFR 205.1 (automatic revocation). See 8 CFR 205.2 (revocation upon notice).

[^ 3] See 8 CFR 1003.1(b)(5).

Resources

Legal Authorities

8 CFR 204.1 - General information about immediate relative and family-sponsored petitions

8 CFR 204.2 - Petitions for relatives, widows and widowers, and abused spouses and children

8 CFR 204.303 - Determination of habitual residence

INA 101(b)(1) - Definition of child

INA 101(b)(1)(E) - Definition of a child adoptee for family-based process

INA 101(c) - Definition of child for citizenship and naturalization

Appendices

No appendices available at this time.

Updates

Technical Update - Replacing the Term "Noncitizen"

This technical update replaces all instances of the term “noncitizen” with “alien” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”], and makes other technical and conforming changes.

POLICY ALERT - Adoptions

U.S. Citizenship and Immigration Services (USCIS) is publishing a volume in the USCIS Policy Manual regarding adoptions. This guidance incorporates basic requirements for the submission of adoption-based applications and petitions to USCIS.

Read More
Technical Update - Moving the Adjudicator’s Field Manual Content into the USCIS Policy Manual

U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk between the AFM and the Policy Manual.

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