Chapter 13 - Revocation of Status
USCIS can revoke its approval of T nonimmigrant status at any time based on the specific grounds discussed below. For most grounds, USCIS first issues a notice of intent to revoke. However, USCIS automatically revokes an approved application for derivative T nonimmigrant status if the beneficiary of the approved derivative application notifies USCIS that the beneficiary will not apply for admission to the United States.
USCIS may revoke an approved application for T nonimmigrant status for the following reasons:
The approval of the application violated the statutory and regulatory requirements for T nonimmigrant visas or involved USCIS error in the preparation, procedure, or adjudication that affects the outcome;
In the case of a T-2 spouse, a final divorce from the T-1 principal;
In the case of a T-1 principal, a law enforcement agency (LEA) with jurisdiction to detect or investigate the acts of severe forms of trafficking in persons notifies USCIS that the T-1 nonimmigrant has refused to comply with reasonable requests to assist with the investigation or prosecution of the trafficking in persons and provides USCIS with a detailed explanation in writing; or
The LEA that signed the LEA endorsement withdraws it or disavows its contents and notifies USCIS and provides a detailed explanation of its reasoning in writing.
If USCIS revokes approval of the previously approved T nonimmigrant status application, USCIS may notify the LEA that signed the LEA endorsement, any consular officer having jurisdiction over the applicant, or the Office of Refugee Resettlement of the Department of Health and Human Services of the revocation.
The applicant may appeal the decision to revoke the approval within 30 days after the date of the revocation notice to the Administrative Appeals Office using the Notice of Appeal or Motion (Form I-290B).
Revocation of an approved application for T-1 nonimmigrant status results in termination of T status for the principal and any derivatives. If a derivative application is pending at the time of such revocation, USCIS denies it. Revocation of an approved application for T-1 nonimmigrant status or an application for derivative T nonimmigrant status also revokes any waiver of inadmissibility granted in conjunction with such application. The revocation of a person’s T-1 status has no effect on the annual cap.
If USCIS revokes T-2, T-3, T-4, or T-5 derivative status under 8 CFR 214.11(m), eligibility for T-6 derivative status may be affected. In cases in which the revocation ground relates to the derivative beneficiary’s eligibility for derivative T nonimmigrant status, the adult or minor child of the derivative beneficiary may not be eligible for T-6 status. Without a derivative beneficiary parent who has obtained valid derivative T nonimmigrant status, a potential T-6 family member is not able to derive T-6 status.
However, when the revocation ground is not related to the derivative beneficiary’s eligibility for derivative status, the adult or minor child may still be eligible for T-6 status. For example, one of the revocation grounds is for divorce. If the T-1’s spouse held T-2 status but then the couple divorced and USCIS revoked the T-2 status under 8 CFR 214.11(m)(2)(ii), the adult or minor child of the T-2 may still be eligible for T-6 status. The divorce of the T-2 does not impact eligibility when the T-6 derivative’s application is approved and is therefore different from other revocation grounds.