This article discusses the general procedure and standards of the United States Civil Liberties Unit (USCIS) for the revocation of various applications. Occasionally, though rarely, withdrawal of the application is the best way to continue the immigration process in the interest of the applicant.
Section 103.2 (b) (6) of the Federal Code provides: "[a] either the petitioner or the petitioner may revoke the application at any time The petition, the Service, or an approved application, until the person concerned enters into office, or an adjustment or change of status on the basis of the petition, but the withdrawal shall not be withdrawn. "Applicants requesting the withdrawal of a visa application (Form I-130, Alien Relative petition) should send a letter to the CIS Office in which the petition was filed. The letter includes:
1) the beneficiary's name, date of birth and country, and A-number or receipt number;
2) the date of petition;
3) the reason for the withdrawal of the petition and the petitioner's name; and
4) Notice of appearance by G-28, attorney or representative if a lawyer or a representative submits it.
II. Review of the Revocation Request
In general, the applicant who falls under the removal procedure may withdraw his application to prevent detention or removal. The revocation is a matter for the Public Prosecutor's discretion, but "[a] n foreign admission requests may at any time be authorized by the Attorney General to withdraw his application for admission and to leave the United States without delay." INA § 235 (a) (4)
The Immigration Appeal Council ("BIA" or "Council") in the Gutierrez case ruled that "the alien can not withdraw his application as a legal point. He must respond to the Immigration Judge that" justice is best served "by allowing withdrawal. "19 I & N Dec. 562, 564 (BIA 1988) The Governing Board also decided that foreign personnel should not be able to influence the determination of the withdrawal but rather to narrow the" factors directly affecting the interests of justice. "These factors, But are not limited to, the following:
1) the intent and means of a foreigner to leave the United States immediately;
2) previous findings concerning inadmissibility to foreigners;
3) the severity of the crime;
4) the intent of the alien is the violation; and
The Control Handbook states that the accelerated removal process should "use it in the usual way, instead of allowing it to abandon situations where there is obvious, deliberate fraud By the applicant. "IFM Sec. 17.2 (a). However, the withdrawal is appropriate "in a situation where the alien was innocent, either by ignorance, misrepresentation or bad advice, and did not hide the information during the inspection". Id. In other words, the decision to authorize revocation is based on "the interest of justice" and not on foreign personal shares
.