The USCIS has the power under Section 205 of the Immigration and Nationality Act to revoke a petition for good cause. Consequently, a Notice of Intent to Revoke may be sent by the USCIS to a petitioner who had a previously approved petition.
These notices may be issued for both immigrant visa petitions and non-immigrant visa petitions. If you have recently received a USCIS Notice of Intent to Revoke, it is a good idea to consult with a USCIS Notice of Intent to Revoke lawyer NYC as soon as you can to determine how to proceed.
A Notice of Intent to Revoke (NOIR) is a notice sent by USCIS to a petitioner regarding their previously approved petition to inform the petitioner that USCIS intends to revoke the petition. The NOIR will include the reasons for the revocation, and the petitioner will be given a period of time to respond.
It is important to keep in mind that a Notice of Intent to Revoke is a different type of notice than a Request for Evidence (a request for additional evidence and documentation) or a Notice of Intent to Deny. Both of these letters are issued before a decision has been made regarding the application or petition, and the Notice of Intent to Revoke is issued in cases where the petition has already been granted.
Unfortunately, the USCIS does have the power to revoke a petition after it has been granted. Receiving a Notice of Intent to Revoke after your petition has already been granted will likely come as a surprise, but it is important to address the matter thoroughly and promptly.
A NOIR is typically issued when the USCIS is presented with new evidence that indicates that the petition was approved in error. In these cases, based on the evidence, the petition should never have been granted in the first place. A NOIR may also be issued if there is a change in circumstances that makes the petition no longer approvable. If you receive a NOIR, you will be notified of the reason for the intent to revoke.
The USCIS can only revoke a petition for good cause. There are a few common reasons that these petitions are revoked. One reason is for potential fraud or misrepresentation. This can happen if submitted documentation appears to have been faked upon further review or if basic questions about the relationship were answered incorrectly, causing the immigration officer to believe that the marriage is fraudulent.
A NOIR may also be issued if the consular officer found out information that the USCIS missed, such as the spouse in the United States actually still being married to a different person, or if an undisclosed domestic violence conviction occurred in the case of a fiancé visa. These circumstances would mean that the United States petitioner is ineligible to act as a sponsor.
The USCIS can also issue a NOIR if the beneficiary is ineligible for the visa. This may happen if the beneficiary was found to have previously entered into a fake marriage in order to obtain an immigration benefit. Additionally, in the case of a child beneficiary, there may have been information uncovered that shows that the child recently got married—causing them to lose eligibility to immigrate as the child of a permanent United States resident.
However, a NOIR may also be issued based on a mistake. It is possible that a consular officer may have misinterpreted or misheard a response from the beneficiary, causing the officer to (wrongfully) conclude that the petition should be revoked. This is more likely to happen in cases with language barriers.
In some cases, consular officers may have made mistakes that caused a NOIR to be wrongly issued. There can be mistakes in the investigation process, such as visiting the wrong home or interviewing the wrong neighbors. Even if a NOIR is issued due to mistakes and incorrect information, it still must be treated seriously and handled urgently so that the matter is resolved in your favor.
First, it is crucial to respond to the Notice of Intent to Revoke before the deadline has passed. If the petitioner’s response is timely, then their response will be considered when the USCIS makes the final decision on whether or not to revoke the petition. If there is no timely response to the NOIR, then the petition will be revoked at the time of the expiration of the deadline. It is helpful to contact an experienced USCIS Notice of Intent to Revoke lawyer NYC as soon as you receive the notice in order to give yourself the best chance to have the issue resolved in your favor.
In some cases, an extension may be granted to allow the petitioner extra time to obtain necessary documentation or for other reasons accepted by the USCIS. These are granted on a case-by-case basis, so you should still make every effort to get your documentation and response sent in time to meet the deadline if you can.
You can still respond to a NOIR without a lawyer but hiring a USCIS Notice of Intent to Revoke lawyer NYC can be an enormous benefit to you. A USCIS Notice of Intent to Revoke lawyer NYC will be able to review the notice that you received and help you understand why the petition is being revoked. Then, your USCIS Notice of Intent to Revoke lawyer NYC can help you prepare a response that will give you the best chance at a favorable outcome.
It is also necessary to keep in mind that there are strict deadlines for response time. A USCIS Notice of Intent to Revoke lawyer NYC will help you handle the matter and ensure that you are meeting the necessary deadline to respond. To hire a USCIS Notice of Intent to Revoke lawyer NYC, contact the lawyers at Feiner & Lavy, P.C. today. This is an urgent matter, and our lawyers are here to help.
©2020 Feiner & Lavy, P.C. All Rights Reserved.