A Notice of Intent to Revoke, issued by USCIS, can occur in any type of immigration application or petition, both family based and employment based, that has previously been approved.
The Notice of Intent to Revoke or NOIR is a detailed statement, made by USCIS, of the grounds for the revocation and whether USCIS intends to revoke the petition in whole or in part (and if in part, which part(s)), and shall advise the petitioner of his or her right to review and/or rebut the allegations upon which the intended revocation is based within 30 days of the date of the notice. (“Revoked in part” means that the approval is revoked with regard to one or more, but not all, of the beneficiaries of a multiple beneficiary petition, or with regard to one or more, but not all, of the proposed employment sites or events listed in a multi-site/event petition.) The petitioner may submit evidence in rebuttal within 30 days of receipt of the notice. The director shall consider all relevant evidence presented in deciding whether to revoke the petition in whole or in part. If the petition is revoked in part, the remainder of the petition shall remain approved and a revised approval notice shall be sent to the petitioner with the revocation notice.
If the petitioner does not overcome the basis for the revocation, or fails to respond timely, prepare a decision of revocation. A petitioner may file an appeal on a decision to revoke a petition just as if the petition had been denied originally, except that the authorized period for filing the appeal is only 15 days regardless of the type of petition. A petitioner may also file a motion to reopen or reconsider the decision revoking the decision.
The issuance of an NOIR is bad news. USCIS has already decided there is a good reason to revoke and the response made to the NOIR will be decisive in determining if you will lose or retain your approved petition. If you receive an NOIR, you must act fast. If you would like our assistance, you will need to send us a copy of the notice immediately upon receiving it so we have to to investigate and prepare a proper response. Failure to act quickly will result in revocation. For your reference, here are some samples of our approved petitions. If you’d like our help, please feel free to call us at 305 515 0613 or email us at info@messersmithlaw.com