Revoking I-140 Needs Notice to the Beneficiary

A U.S. District Court at Arizona recently ruled that the US Citizenship and Immigration Services (USCIS) cannot revoke an I-140 petition without giving notice to the beneficiary of the I-140.

In Gennady Abramovich Ilyabaev v. Katrina S. kane, the petitioner had an approved I-140 and was pending with his I-485 (adjustment of status) application.  The USCIS sent an Intent to Revoke the I-140 to the petitioner’s former employer informing that they were going to revoke the approved I-140.  Since the petitioner was no longer working for the employer, the employer ignored the notice and so the USCIS revoked the I-140.

Thereafter the USCIS sent notice to the petitioner informing that his I-485 is to be denied because the underlying I-140 was revoked.  The petitioner filed petition with federal district court on the ground that the USCIS should had sent a notice to the petitioner and provided an opportunity for the petitioner to submit evidence before the USCIS can revoke the I-140.

The Court opined that the Immigration and Nationality Act support’s petitioner’s reasoning.  In 8 CFR 103(b)(16)(i), it provides:  “Inspection of Evidence.  An applicant or petitioner shall be permitted to inspect the record of providing which constitutes the basis for the decision,  . . .”

The Court therefore agreed with the petitioner that the USCIS should had given the petitioner an opportunity to be heard before the USCIS before it revoked the I-140 petition and then denied the I-485 application.

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