[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: 8CFR205.2]



[Page 134]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

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

 

Sec. 205.2  Revocation on notice.



    (a) General. Any Service officer authorized to approve a petition 

under section 204 of the Act may revoke the approval of that petition 

upon notice to the petitioner on any ground other than those specified 

in Sec. 205.1 when the necessity for the revocation comes to the 

attention of this Service.

    (b) Notice of intent. Revocation of the approval of a petition of 

self-petition under paragraph (a) of this section will be made only on 

notice to the petitioner or self-petitioner. The petitioner or self-

petitioner must be given the opportunity to offer evidence in support of 

the petition or self-petition and in opposition to the grounds alleged 

for revocation of the approval.

    (c) Notification of revocation. If, upon reconsideration, the 

approval previously granted is revoked, the director shall provide the 

petitioner or the self-petitioner with a written notification of the 

decision that explains the specific reasons for the revocation. The 

director shall notify the consular officer having jurisdiction over the 

visa application, if applicable, of the revocation of an approval.

    (d) Appeals. The petitioner or self-petitioner may appeal the 

decision to revoke the approval within 15 days after the service of 

notice of the revocation. The appeal must be filed as provided in part 3 

of this chapter, unless the Associate Commissioner for Examinations 

exercises appellate jurisdiction over the revocation under part 103 of 

this chapter. Appeals filed with the Associate Commissioner for 

Examinations must meet the requirements of part 103 of this chapter.



[48 FR 19156, Apr. 28, 1983, as amended at 58 FR 42851, Aug. 12, 1993; 

61 FR 13078, Mar. 26, 1996]