Interview Letter from Consulate after AOS submitted. Help???

[Allaboutwaiting 2,503]

39 minutes ago, SGtoMurica said:

I don't think my O-1 will ever be revoked given it is considered partial "dual intent".

However, it is not clear if my wife's TN will be revoked at the interview, since she has expressed immigrant intent. My sense is that her existing one will not be revoked, but she just cannot renew her TN in the future. I don't know if even lawyers will have an answer to this question, to be honest...

Found it:

 

SUBCHAPTER E - VISAS

PART 41 - VISAS: DOCUMENTATION OF NONIMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED

Subpart L - Refusals and Revocations

 

22 CFR § 41.122 - Revocation of visas.

(a) Grounds for revocation by consular officers. A consular officer, the Secretary, or a Department official to whom the Secretary has delegated this authority is authorized to revoke a nonimmigrant visa at any time, in his or her discretion.

[...]

(e) Revocation of visa by immigration officer. An immigration officer is authorized to revoke a valid visa by physically canceling it in accordance with the procedure described in paragraph (d) of this section if:

(1) The alien obtains an immigrant visa or an adjustment of status to that of permanent resident.

[AP_since_May2023 37]

5 minutes ago, Allaboutwaiting said:

Found it:

 

SUBCHAPTER E - VISAS

PART 41 - VISAS: DOCUMENTATION OF NONIMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED

Subpart L - Refusals and Revocations

 

22 CFR § 41.122 - Revocation of visas.

(a) Grounds for revocation by consular officers. A consular officer, the Secretary, or a Department official to whom the Secretary has delegated this authority is authorized to revoke a nonimmigrant visa at any time, in his or her discretion.

[...]

(e) Revocation of visa by immigration officer. An immigration officer is authorized to revoke a valid visa by physically canceling it in accordance with the procedure described in paragraph (d) of this section if:

(1) The alien obtains an immigrant visa or an adjustment of status to that of permanent resident.

Thank you very much for bringing this to my attention.

 

I guess this authority is necessary as our current non-immigrant visas (TN and O1) will have to be canceled if the officer approves and issues us an Immigrant Visa after the Consulate Interview? 

However, I also see your point that in the event the Officer decides to DENY our Immigrant Visa following the Interview, they can also cancel our non-immigrant visas at the same time? 

 

I wonder what are some grounds for canceling non-immigrant visas though. We have no history of criminal records, and not even a speeding ticket...

[Allaboutwaiting 2,503]

1 minute ago, SGtoMurica said:

Thank you very much for bringing this to my attention.

 

I guess this authority is necessary as our current non-immigrant visas (TN and O1) will have to be canceled if the officer approves and issues us an Immigrant Visa after the Consulate Interview? 

However, I also see your point that in the event the Officer decides to DENY our Immigrant Visa following the Interview, they can also cancel our non-immigrant visas at the same time? 

 

I wonder what are some grounds for canceling non-immigrant visas though. We have no history of criminal records, and not even a speeding ticket...

Indeed the NIV's should be revoked/canceled if the IV's are approved.

 

My guess is that if the IV's are denied, the NIV's could be revoked as well, but, as per the following paragraph, in such case, you can argue the decision: 

"FAM 403.11-4(A)  (U) Visa Revocations by Consular Officers

(CT:VISA-1275;   05-10-2021)

(U) Although the decision to revoke a visa is a discretionary one, you should not use this authority arbitrarily.  When practicable, you must:

(1)  (U) Notify the individual of the intention to revoke the visa;

(2)  (U) Allow the individual the opportunity to show why the visa should not be revoked; and

(3)  (U) Request the individual to present the travel document in which the visa was issued"

 

Regarding all the grounds for revocation, you can read the following links (both are the source of the extracts I've shared): 

https://www.law.cornell.edu/cfr/text/22/41.122#d

https://fam.state.gov/fam/09FAM/09FAM040311.html

 

[Chancy 6,243]

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