• Motions do not automatically extend lawful status or provide protection from accrual of unlawful presence unless paired with other relief.
• USCIS has discretion to deny the motion even if the legal threshold is met.
• Supporting Evidence: Include a concise legal brief, updated or newly discovered documents, and a sworn statement explaining new facts (if applicable).
• Procedural Note: Filing a motion does not suspend removal proceedings unless another stay or benefit is granted.
4. Administrative Review and Reinstatement by DOS
When to file: Immediately after learning of a visa revocation or refusal — preferably before travel or reapplication .
Applicable when: A nonimmigrant visa is revoked under INA § 221(i) based on inadmissibility, new derogatory information, or post-issuance concerns. This process is separate from SEVIS termination.
How to request administrative review:
• Direct Inquiry: Contact the U.S. consulate that issued the visa and request a review of the revocation decision. Include any new evidence, clarifications, or supporting documentation. • LegalNet Inquiry: Submit a written request to the U.S. Department of State’s LegalNet (legalnet@state.gov) if you believe the revocation involved a legal or procedural error.
Limitations:
• There is no statutory right to appeal or judicial review of most consular revocations, under the doctrine of consular nonreviewability (see Kleindienst v. Mandel ). • LegalNet does not issue binding decisions or act as an appeal board — it is a legal liaison tool, typically used by attorneys or advocates. • Visa revocation does not automatically cancel lawful status if the student is still inside the U.S. and maintaining status under SEVIS.
When review may succeed: In rare circumstances, a consulate may reverse a revocation decision if it was:
•
Based on incorrect facts or identity
• Triggered by outdated or misinterpreted information • Lacking a proper security or legal basis
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