9 FAM 504.12
(U) REVOCATION OF IMMIGRANT VISAS
(CT:VISA-1871; 11-28-2023)
(Office of Origin: CA/VO)
9 fam 504.12-1 (U) statutory and regulatory AUTHORITIES
9 FAM 504.12-1(A) (U) Immigration and Nationality Act
(CT:VISA-62; 02-26-2016)
(U) INA 221(i) (8 U.S.C. 1201(i)).
9 FAM 504.12-1(B) (U) Code of Federal Regulations
(CT:VISA-62; 02-26-2016)
(U) 22 CFR 42.82.
9 FAM 504.12-2 (U) Grounds for Revocation of an Immigrant Visa (IV)
(CT:VISA-1871; 11-28-2023)
(U) You are Authorized to Revoke an IV Under the Following Rare Circumstances:
(1) (U) You know, or after investigation are satisfied, that the visa was procured by fraud, a willfully false or misleading representation, the willful concealment of a material fact, or other unlawful means;
(2) (U) You obtain information establishing that the individual was ineligible to receive the visa when it was issued; or
(3) Unavailable
9 FAM 504.12-3 (U) Revocation Procedures
9 FAM 504.12-3(A) (U) Revocation Must Take Place Before Entry into the United States
(CT:VISA-1871; 11-28-2023)
a. (U) An IV may not be revoked once CBP has admitted the visa holder into the United States.
b. (U) However, you must promptly report to the Office of Field Operations Division (CA/VO/F) by email if it appears that a visa recipient, later determined to be ineligible for an IV, was issued an IV and has since entered the United States. CA/VO/F will forward this information to DHS.
c. (U) The report submitted to CA/VO/F should include the following information:
(1) (U) The visa recipient's full name, including aliases;
(2) (U) Date and place of birth;
(3) (U) Country of nationality and residence;
(4) (U) Date of issuance of visa, date of expiration of visa, and visa symbol;
(5) (U) Type, number, date, and place of issuance of passport;
(6) (U) All sections of law under which the visa recipient is ineligible, if pertinent;
(7) (U) A full report of the information upon which the finding of ineligibility is based, and your comments;
(8) (U) If available, the means of transportation, prospective date and POE, and the visa recipient's address in the United States; and
(9) (U) Any other pertinent information, including date of revocation.
9 FAM 504.12-3(B) (U) Revocation Procedures at Post
(CT:VISA-1871; 11-28-2023)
a. (U) Notice of Proposed Revocation: If practicable, take the following steps after deciding to revoke an IV:
(1) (U) Enter a quasi-refusal in CLASS;
(2) (U) Notify the visa recipient of the proposed action promptly;
(3) (U) Give the visa recipient an opportunity to show why the visa should not be revoked; and
(4) (U) Request that the visa recipient present the visa at post.
b. (U) Revocation at Post: To revoke the visa when the IV recipient presents their visa at post, stamp the visa, "Revoked," plainly across the face of the visa. Sign and date the visa with the date of revocation. In addition, make certain to make any appropriate notations of the revocation in the case files.
9 FAM 504.12-3(C) (U) If Visa is Not Physically Cancelled
(CT:VISA-1412; 11-03-2021)
Unavailable
9 FAM 504.12-4 (U) Reconsideration of Revocation
(CT:VISA-1412; 11-03-2021)
a. (U) The individual may ask that you reconsider the revocation of their IV. You should consider all evidence submitted by the individual or their attorney or representative in connection with a request for reconsideration.
b. (U) If you find that the evidence is sufficient to overcome the basis for revocation, you should issue the individual a new IV.
(1) (U) Be certain to make the appropriate notations of the action taken and the reasons therefore in the case files.
(2) (U) If you have already sent notice to the Department, and/or the issuing office per the above guidance, send the appropriate notifications that you have issued a new IV. You should submit CLOK removal requests for any revocation-related entries (or contact the Department for entries with DPT refusal sites) and contact the CA Service Desk for removal of the red REVOKED banner from any applicable NIV records.
c. (U) Per 9 FAM 504.6-5(B), you may not collect a fee in connection with the application for, or issuance of, a reinstated visa.