Termination Of Immigrant Visa Petitions
Termination of Inactive Immigrant Visa Petitions
Under certain circumstances, the Department of State (DOS) has the authority to terminate an immigrant visa registration and revoke the underlying immigrant visa petition.
The Foreign Affairs Manual (FAM) gives a guidance chapter on immigration visa registration and lists four main situations that can lead to a applicant’s case being considered inactive and thereby subject to termination:
- The applicant does not apply for an immigrant visa within one year of receiving the immigrant visa appointment letter or other notice of visa availability.
- The applicant fails to respond to the appointment notice included with the immigrant visa appointment package and fails to take further action on the case within one year of the scheduled interview.
- The applicant is refused a visa at the immigrant visa interview under section 221(g) of the Immigration and Nationality Act (INA) and then fails to submit evidence within one year intended to overcome the basis of the 221(g) refusal.
- The applicant does not comply with the follow-up instruction package for immigrant visa applicants or log into the applicant’s consular electronic application center (CEAC) account within one year.
For more information on the FAM Chapter, click link
Would you be notified?
Yes. The DOS is required to send you a notification of possible termination of registration and the applicant has to respond within a year to establish valid reasons or circumstances for the inactivity. If the applicant is successful, the case may be reinstated and may resume. However, if the applicant fails to give sufficient reasons or does not respond to the notice, the consulate will send a final notice of cancellation.