When U.S. Citizenship and Immigration Services (“USCIS”) approves an I-130 petition, the approval leads toward obtaining an immigrant visa or adjusting status. After USCIS approves the I-130 petition, can the petition become invalid? The answer is, “Yes.” In general, approved petitions remain valid for the duration of the petitioner and beneficiary’s relationship. However, 8 C.F.R. Part 205 provides guidance as to when certain events revoke an I-130 petition’s approval. Unfortunately, life events may cause family members to contemplate revoking I-130 petitions.
Petition Revoked During Consular Processing
When applying for an immigrant visa, an approved I-130 petition becomes revoked when a consulate terminates a foreign national’s registration. See INA § 203(g). If a foreign national does not apply for a visa within 1 year after receiving notice about visa availability, INA § 203(g) requires terminating the registration. A consulate can reinstate the registration within 2 years after notification if uncontrollable circumstances caused the failure to apply for the visa.
Other Reasons for Revocation
A consulate or USCIS may determine that a revocation occurred before a beneficiary begins the journey to America. Similarly, USCIS may conclude that a revocation happened before USCIS issues a decision on an adjustment application. Revoking I-130 petitions happens when:
- a petitioner withdraws the I-130 petition by filing a notice with USCIS,
- upon the beneficiary or self-petitioner’s death,
- a petitioner dies unless USCIS approves the petition as a petition for an Amerasian, widow(er), or special immigrant,
- a petitioner dies unless USCIS reinstates the petition’s approval for humanitarian reasons,
- a marriage’s legal termination for marriage-based I-130 petitions,
- when a child reaches age 21 except (1) when a U.S. citizen filed the petition for a child or (2) a U.S. citizen’s abused child files a self-petition,
- when a noncitizen child marries except (1) when a U.S. citizen filed the I-130 petition or (2) a U.S. citizen’s abused child files a self-petition,
- when a permanent resident’s daughter or son marries,
- if the petitioner’s permanent resident status becomes legally terminated unless the petitioner obtains U.S. citizenship.
An Exception to Revoking I-130 Petitions Based on Marriage
If a foreign national suffered abuse from a petitioner, American law provides protection to the victim-spouse during the immigration process. Terminating a marriage with an abusive spouse will not cause USCIS to revoke an approved petition. However, petition revocation will occur if the abused-spouse remarries before beginning the journey to the U.S. or I-485 approval.
No Revocation Happens When a U.S. Citizen’s Son or Daughter Marries
When a citizen files an I-130 petition for an unmarried daughter or son, the approved petition remains valid after a child marries. Pursuant to 8 C.F.R. § 205.1(a)(3)(i)(H), the child will receive INA § 203(a) preference status.
Humanitarian Reinstatement for a Revoked Petition
If an approved petition becomes revoked because the petitioner died, the beneficiary may request humanitarian reinstatement. When requesting humanitarian reinstatement, a relative must file an affidavit of support as a substitute sponsor for the principal beneficiary. USCIS does not charge a fee to request humanitarian reinstatement. USCIS exercises discretion when reviewing a humanitarian reinstatement application. The agency considers positive and negative factors in the review process.