Chapter 5 - Adjudication and Post-Adjudication Matters
A. Approval [Reserved]
[Reserved]
B. Denial [Reserved]
[Reserved]
C. Appeal of Waivers
USCIS’ decision to deny a nonimmigrant waiver is not appealable.[1] However, the applicant may file a motion to reopen or reconsider on a denied waiver application using the Notice of Appeal or Motion (Form I-290B).[2] An applicant can file a new waiver application in appropriate cases,[3] such as when there is new evidence relevant to the waiver consideration.
D. Revocation of Waivers
USCIS, at any time, may revoke a waiver previously authorized under INA 212(d). There is no appeal of a decision to revoke a waiver.[4]
Footnotes
[^ 1] See 8 CFR 212.16(c).
[^ 2] See 8 CFR 103.5.
[^ 3] See 8 CFR 212.16(c).
[^ 4] See 8 CFR 212.16(d).