9.4 - Visa Revocation Appeals

(a) Jurisdiction

The Board has appellate jurisdiction over the revocation of visa petition approvals.  8 C.F.R. §§ 1003.1(b)(5), 1205.2(d).  The Board does not have jurisdiction over automatic revocations of visa petitions.  8 C.F.R. § 1205.1.  See Matter of Zaidan, 19 I&N Dec. 297 (BIA 1985).

(b) Standing

Only the petitioner, not the beneficiary or a third party, may appeal the revocation of a visa petition approval.  Matter of Sano, 19 I&N Dec. 299 (BIA 1985).  Self-petitioners – including battered spouses, battered children, and certain relatives of deceased citizens – also have standing to appeal.  8 C.F.R. § 1205.2(d).

(c) Filing the Appeal

Revocation appeals are filed according to the same rules as appeals of visa petition denials.  See Chapter 9.3(c) (Filing the Appeal).  The only difference is that the petitioner or self-petitioner must file the appeal within 15 days after the service of notice of the revocation.  8 C.F.R. § 1205.2(d).

(d) Processing

Revocation appeals are processed in the same manner as visa petition denials.  See Chapter 9.3(d) (Processing).

(e) Motions

Motions related to revocation appeals are handled in the same manner as motions for visa petition denials.  See Chapter 9.3(e) (Motions).

(f) Withdrawal of Appeal

Withdrawals of revocation appeals are handled in the same manner as withdrawals of visa petition appeals.  See Chapter 9.3(f) (Withdrawal of Appeal).