[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR205.1]



[Page 132-134]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 205_REVOCATION OF APPROVAL OF PETITIONS--Table of Contents

 

Sec. 205.1  Automatic revocation.









Sec.

205.1 Automatic revocation.

205.2 Revocation on notice.



    Authority: 8 U.S.C. 1101, 1103, 1151, 1153, 1154, 1155, 1182, and 

1186a.





    (a) Reasons for automatic revocation. The approval of a petition or 

self-petition made under section 204 of the Act and in accordance with 

part 204 of this chapter is revoked as of the date of approval:

    (1) If the Secretary of State shall terminate the registration of 

the beneficiary pursuant to the provisions of section 203(e) of the Act 

before October 1, 1991, or section 203(g) of the Act on or after October 

1, 1994;

    (2) If the filing fee and associated service charge are not paid 

within 14 days of the notification to the remitter that his or her check 

or other financial instrument used to pay the filing fee has been 

returned as not payable; or

    (3) If any of the following circumstances occur before the 

beneficiary's or self-petitioner's journey to the United States 

commences or, if the beneficiary or self-petitioner is an applicant for 

adjustment of status to that of a permanent resident, before the 

decision on his or her adjustment application becomes final:

    (i) Immediate relative and family-sponsored petitions, other than 

Amerasian petitions. (A) Upon written notice of withdrawal filed by the 

petitioner or self-petitioner with any officer of the Service who is 

authorized to grant or deny petitions.

    (B) Upon the death of the beneficiary or the self-petitioner.

    (C) Upon the death of the petitioner, unless the Attorney General in 

his or her discretion determines that for humanitarian reasons 

revocation would be inappropriate.

    (D) Upon the legal termination of the marriage when a citizen or 

lawful permanent resident of the United States has petitioned to accord 

his or her spouse immediate relative or family-sponsored preference 

immigrant classification under section 201(b) or section 203(a)(2) of 

the Act. The approval of a spousal self-petition based on the 

relationship to an abusive citizen or lawful permanent resident of the 

United States filed under section 204(a)(1)(A)(iii) or 204(a)(1)(B)(ii) 

of the Act, however, will not be revoked solely because of the 

termination of the marriage to the abuser.

    (E) Upon the remarriage of the spouse of an abusive citizen or 

lawful permanent resident of the United States when the spouse has self-

petitioned under section 204(a)(1)(A)(iii) or 204(a)(1)(B)(ii) of the 

Act for immediate relative classification under section 201(b) of the 

Act or for preference classification under section 203(a)(2) of the Act.

    (F) Upon a child reaching the age of 21, when he or she has been 

accorded immediate relative status under section 201(b) of the Act. A 

petition filed on behalf of a child under section 204(a)(1)(A)(i) of the 

Act or a self-petition filed by a child of an abusive United States 

citizen under section



[[Page 133]]



204(a)(1)(A)(iv) of the Act, however, will remain valid for the duration 

of the relationship to accord preference status under section 203(a)(1) 

of the Act if the beneficiary remains unmarried, or to accord preference 

status under section 203(a)(3) of the Act if he or she marries.

    (G) Upon the marriage of a child, when he or she has been accorded 

immediate relative status under section 201(b) of the Act. A petition 

filed on behalf of the child under section 204(a)(1)(A)(i) of the Act or 

a self-petition filed by a child of an abusive United States citizen 

under section 204(a)(1)(A)(iv) of the Act, however, will remain valid 

for the duration of the relationship to accord preference status under 

section 203(a)(3) of the Act if he or she marries.

    (H) Upon the marriage of a person accorded preference status as a 

son or daughter of a United States citizen under section 203(a)(1) of 

the Act. A petition filed on behalf of the son or daughter, however, 

will remain valid for the duration of the relationship to accord 

preference status under section 203(a)(3) of the Act.

    (I) Upon the marriage of a person accorded status as a son or 

daughter of a lawful permanent resident alien under section 203(a)(2) of 

the Act.

    (J) Upon legal termination of the petitioner's status as an alien 

admitted for lawful permanent residence in the United States unless the 

petitioner became a United States citizen. The provisions of 8 CFR 

204.2(i)(3) shall apply if the petitioner became a United States 

citizen.

    (ii) Petition for Pub. L. 97-359 Amerasian. (A) Upon formal notice 

of withdrawal filed by the petitioner with the officer who approved the 

petition.

    (B) Upon the death of the beneficiary.

    (C) Upon the death or bankruptcy of the sponsor who executed Form I-

361, Affidavit of Financial Support and Intent to Petition for Legal 

Custody for Pub. L. 97-359 Amerasian. In that event, a new petition may 

be filed in the beneficiary's behalf with the documentary evidence 

relating to sponsorship and, in the case of a beneficiary under 18 years 

of age, placement. If the new petition is approved, it will be given the 

priority date of the previously approved petition.

    (D) Upon the death or substitution of the petitioner if other than 

the beneficiary or sponsor. However, if the petitioner dies or no longer 

desires or is able to proceed with the petition, and another person 18 

years of age or older, an emancipated minor, or a corporation 

incorporated in the United States desires to be substituted for the 

deceased or original petitioner, a written request may be submitted to 

the Service or American consular office where the petition is located to 

reinstate the petition and restore the original priority date.

    (E) Upon the beneficiary's reaching the age of 21 when the 

beneficiary has been accorded classification under section 201(b) of the 

Act. Provided that all requirements of section 204(f) of the Act 

continue to be met, however, the petition is to be considered valid for 

purposes of according the beneficiary preference classification under 

section 203(a)(1) of the Act if the beneficiary remains unmarried or 

under section 203(a)(3) if the beneficiary marries.

    (F) Upon the beneficiary's marriage when the beneficiary has been 

accorded classification under section 201(b) or section 203(a)(1) of the 

Act. Provided that all requirements of section 204(f) of the Act 

continue to be met, however, the petition is to be considered valid for 

purposes of according the beneficiary preference classification under 

section 203(a)(3) of the Act.

    (iii) Petitions under section 203(b), other than special immigrant 

juvenile petitions. (A) Upon invalidation pursuant to 20 CFR Part 656 of 

the labor certification in support of the petition.

    (B) Upon the death of the petitioner or beneficiary.

    (C) Upon written notice of withdrawal filed by the petitioner, in 

employment-based preference cases, with any officer of the Service who 

is authorized to grant or deny petitions.

    (D) Upon termination of the employer's business in an employment-

based preference case under section 203(b)(1)(B), 203(b)(1)(C), 

203(b)(2), or 203(b)(3) of the Act.

    (iv) Special immigrant juvenile petitions. Unless the beneficiary 

met all of the eligibility requirements as of November 29, 1990, and the 

petition requirements as of November 29, 1990, and



[[Page 134]]



the petition for classification as a special immigrant juvenile was 

filed before June 1, 1994, or unless the change in circumstances 

resulted from the beneficiary's adoption or placement in a guardianship 

situation:

    (A) Upon the beneficiary reaching the age of 21;

    (B) Upon the marriage of the beneficiary;

    (C) Upon the termination of the beneficiary's dependency upon the 

juvenile court;

    (D) Upon the termination of the beneficiary's eligibility for long-

term foster care; or

    (E) Upon the determination in administrative or judicial proceedings 

that it is in the beneficiary's best interest to be returned to the 

country of nationality or last habitual residence of the beneficiary or 

of his or her parent or parents.

    (b) Notice. When it shall appear to the director that the approval 

of a petition has been automatically revoked, he or she shall cause a 

notice of such revocation to be sent promptly to the consular office 

having jurisdiction over the visa application and a copy of such notice 

to be mailed to the petitioner's last known address.



[61 FR 13077, Mar. 26, 1996]