What did the Court decide?
Amina Bouarfa, a citizen, filed a petition for her husband. USCIS approved it, then two years later sent a Notice of Intent to Revoke, based on evidence that his earlier marriage had been a sham. His former wife had told officers it was fraudulent, then recanted. USCIS revoked, and the Board affirmed. A unanimous Court held that revocation under 8 U.S.C. § 1155 is a discretionary act, so § 1252(a)(2)(B)(ii) bars a federal suit. The law says the Secretary may revoke at any time for what he deems good and sufficient cause. The case came from the Eleventh Circuit, and it resolved a split in which the Ninth Circuit, which covers California, had allowed review in some situations. Next step: if you receive a notice, treat the agency stage as your main chance, because a court is unlikely to correct it later.
How should I answer a Notice of Intent to Revoke?
Answer it, on time, with evidence. Under 8 C.F.R. § 205.2, USCIS must give notice and a chance to offer evidence, and any revocation must be in writing with specific reasons. Meet the deadline stated in the notice. Know what you must overcome. In Matter of Nwagwu (2026), the Board upheld a revocation even though the current marriage was accepted as real, because the inquiry concerned only the earlier one. Joint accounts and vehicle registrations for that earlier marriage were outweighed by the former husband's sworn affidavit from 1996. So target the marriage fraud bar under INA § 204(c) directly: gather proof of the earlier marriage and explain any statements against you. A letter filed years later did not undo that sworn statement. Next step: get the whole file and see a lawyer as soon as the notice arrives.
How do I appeal a revocation?
The deadline is short. Under 8 C.F.R. § 205.2(d), the appeal must be filed within 15 days after service of the revocation notice, and the right belongs to the petitioner or self-petitioner, not the beneficiary. Form EOIR-29 covers only Form I-130 and widow(er) Form I-360 decisions; for any other petition, such as an employment petition, follow the appeal instructions in your notice. The form goes to USCIS, not the Board; on May 26, 2026, USCIS added lockbox addresses in Phoenix and Dallas, depending on which office issued your letter. EOIR lists a fee of $1,060, paid to DHS. The Board may waive a fee if you show inability to pay, using Form EOIR-26A. Attach the revocation letter and sign the form, because an unsigned form is rejected. A lawyer also files Form EOIR-27. Next step: count 15 days from the notice today, and allow time for mail to reach the lockbox.
Can I file a new petition and get a court to review that?
Yes, and this is the door the Court left open. It noted that nothing stops a citizen from filing another petition for the same relative, and that Ms. Bouarfa had done so. If that petition is denied because of the sham-marriage finding, she can seek judicial review of the finding. The reason is that denial under INA § 204(c) is mandatory, not discretionary, and the parties agreed such denials can be reviewed under the Administrative Procedure Act. The revocation itself stays out of reach. A new Form I-130 is not a quick fix, because USCIS will likely apply the same bar, and the denial must go through the agency first. It costs a new fee. Next step: decide with a lawyer whether to appeal, refile, or both, while the 15 days are still running.
What does a revocation do to my case, and are there exceptions?
Under § 1155, revocation takes effect as of the date of approval, so the petition is treated as if never approved. That can remove the basis for a pending Form I-485 or a consular case. If the beneficiary is in immigration court, raise it with counsel before the next master calendar hearing, because a defense may depend on the petition. The Court also noted two limits on its ruling. It only assumed that the bar applies outside removal proceedings, without deciding, and it said a separate provision limits revocation grounds for some petitioners. Distinguish automatic revocation under 8 C.F.R. § 205.1, which happens without this process, for example on withdrawal, death or divorce, with some exceptions. Next step: read your letter. A notice of intent means this process and a chance to respond; an automatic revocation needs a different response.
When should we call, and what should we bring?
Call when the notice arrives, not after the appeal period. A person in this position needs the full history, so bring the notice, the approval, every earlier petition by any spouse, marriage and divorce records, joint documents from the earlier marriage, and anything said under oath to an officer. Remember that fraud findings may be hard to remove once made, and that a sham-marriage finding can follow someone to the next petition. Do not ask a former spouse to sign anything without advice, and never sign a statement you do not understand. Ace Immigration's family immigration page explains how we approach marriage cases. Next step: list every marriage and every petition, with dates, because the bar looks at any earlier attempt, not only the one in front of USCIS.