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 In the case of a person who received a “rollback,” the residence period acquired by the rollback is likewise rescinded.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 person 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For example, if a spouse obtains LPR status through marriage to a person whose LPR status is later rescinded, the person is then considered not to have been an LPR at the time of petitioning for the spouse.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).

Current as of July 26, 2021