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Chapter 4 - Effective Date of Rescission

A rescission of lawful permanent resident (LPR) status is effective as of the date of the approval of the Application to Register Permanent Residence or Adjust Status (Form I-485). In the case of an alien who received a “rollback,” the residence period acquired by the rollback is likewise rescinded.

A. Effect of Rescission on Other Benefits Derived from LPR Status

Because rescission voids LPR status from the time of approval, any third parties who acquired rights based on the LPR status may have been ineligible for those rights when they were obtained.[1] Third parties include relatives for whom the alien petitioned on the basis of their relationship to the LPR and relatives who obtained status as derivatives of the LPR.

For example, if a spouse obtains LPR status through marriage to an alien whose LPR status is later rescinded, the alien is then considered not to have been an LPR at the time of petitioning for the spouse. The spouse was therefore not eligible for classification as the spouse of an LPR at the time of adjustment and was ineligible for adjustment of status under INA 245 on that basis. In such cases, USCIS issues the spouse a Notice of Intent to Rescind his or her LPR status.

Footnote


[^ 1] Rescission results in an LPR’s status being voided “ab initio,” a Latin term used in legal decisions meaning “from the beginning.” See Matter of Valiyee (PDF), 14 I&N Dec. 710 (BIA 1974).

Resources

Legal Authorities

8 CFR 246 - Rescission of adjustment of status

INA 246 - Rescission of adjustment of status; effect upon naturalized citizen

Appendices

No appendices available at this time.

Updates

Technical Update - Incorporating Existing Guidance into the Policy Manual

This technical update is part of an initiative to move existing policy guidance from the Adjudicator’s Field Manual (AFM) into the Policy Manual. This update does not make major substantive changes but consolidates and incorporates existing AFM guidance into the Policy Manual, streamlining USCIS’ immigration policy while removing obsolete information. This guidance replaces Chapters 22.3 and 26 of the AFM, related appendices, and policy memoranda.

Technical Update - Moving the Adjudicator’s Field Manual Content into the USCIS Policy Manual

U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk (PDF) between the AFM and the Policy Manual.

Technical Update - Replacing the Term “Foreign National”

This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].