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Approved Petition For Alien Relative Can Be Revoked At Green Card Interview

approved_petition_revokedIt appears that more and more immigrants and prospective immigrants are falling into the error of thinking that once their petition for alien relative is approved, their pathway to permanent resident status is cleared. All immigrants must know that they are not cleared until they receive their permanent resident cards in the mail.

To obtain permanent resident status in the United States, the petitioner could process his petition, if eligible through the U.S. Citizenship & Immigration Services, if the immigrant is in the U.S. to obtain the permanent resident status in the U.S. For the prospective immigrants who are abroad, the petitioner could also process the petition for the immigrant to obtain the benefit through the U.S. Embassy abroad 

These two processes are vulnerable until the actual issuance of the permanent resident card or the immigrant visa abroad. All immigrants must take the process very seriously to help the immigrant obtain benefit from the process at the end.

It is possible to commence the process of obtaining permanent resident status or immigrant visa abroad through the filing of the petition for alien relative alone. Even though the law allows, in some cases, that the petition and the application for adjustment of status be filed together, a petitioner could choose to split them by filing the petition first. Once the petition is approved, the petitioner and applicant now file for adjustment of status.

 

It must be noted that the fact that the petition was approved at the USCIS Service Center does not guarantee that the beneficiary will eventually obtain benefit. The petition could be revoked at the interview or recommended for revocation at the U.S. Embassy during the interview. Therefore, all hands must be on deck to keep pushing the case to a successful completion.

 

There are many reasons why an approved petition could be revoked at the interview. Let me give two examples that were brought to the office of Attorney Famuyide recently.

 

The first involved a case filed for a spouse by her U.S. citizen husband. At their adjustment of status interview, they were separated. An intensive fraud interview was conducted. There were a lot of discrepancies in their answers to the questions. The officer had doubts and was leaning toward denial of the case. While the immigrant was in the waiting room, her U.S. citizen spouse was persuaded to withdraw the petition. He was given a form to sign agreeing to withdraw the case. He signed. They did not use the services of any immigration attorney.

 

Subsequently, based on the signed withdrawal notice, the approved petition for alien relative was revoked.

 

As soon as that happened it triggered a lot of other consequences, such as, the revocation of the employment authorization card issued to the immigrant, revocation of other derivative approvals issued to the children of the immigrant, and the threat of deportation.

 

It appears now that all the agencies working under the U.S. Homeland Security and the U.S. State Department are now fully connected. The old loophole of obtaining status for children, even when the parents’ applications are denied, has been blocked. In this case, as a result of the withdrawal form signed by the U.S. citizen with regards to the immigrant spouse, the approved petition filed for the children, which was pending with the National Visa Center, were all immediately sent back to the USCIS and were revoked.

 

The second example relates to a case processed by the National Visa Center for the issuance of immigrant visa abroad. Everything was going well until the interview and the fraud investigation conducted by the consulate. At the end, the interviewer had doubts and the case was referred to the U.S. Citizenship & Immigration Services with a recommendation for revocation of the approval.

 

It is important to use the services of any qualified immigration attorney from the beginning of the process to the end. Some immigrants who elected to handle many of these cases themselves, ended up wasting money and jeopardizing the cases before seeking the services of attorneys. Please note that getting a green card is more than just filling out forms, there are laws guiding everything that needs to be done.

 

USI News will continue to look for avenues to get any information that could help our readers. I want to encourage all of our readers to read every issue of USI News.

 

This article is for your information only; it is not legal advice. If you need any further clarification or If you have any questions, please feel free to contact Attorney Famuyide at 718-647-6767 or send an email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

 

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