Can USCIS Reopen a Case After It Was Approved?
USCIS can reopen an immigration case after it was approved in certain situations. Approval does not always mean the decision is final forever. USCIS has the legal authority to review and reopen cases if new information appears, if there was an error, or if fraud is suspected. This can happen weeks, months, or even years after approval.
According to the U.S. Citizenship and Immigration Services Ombudsman’s 2025 Annual Report, USCIS continues to reopen and review previously approved petitions as part of its effort to maintain accuracy and integrity in immigration decisions.
If you’re concerned about your case in 2026, our Lombard, IL immigration lawyer can help you understand your rights when USCIS reopens an approved case.
Why Would USCIS Reopen an Approved Case?
USCIS may reopen a case if it believes the original decision was based on incorrect or incomplete information. This process is called a motion to reopen or reconsider.
Under 8 C.F.R. § 103.5(a)(5), USCIS has the authority to reopen cases on its own motion. This means USCIS does not need the applicant to request the review.
Common reasons USCIS may reopen a case include:
- New evidence that affects eligibility
- Discovery of fraud or misrepresentation
- Errors made during the original review
- Incorrect or incomplete information in the application
USCIS reviews these cases to ensure the original approval followed immigration laws.
How Will You Know if USCIS Reopens Your Case?
If USCIS reopens your case, you will usually receive written notice. This notice explains why the case is being reviewed and what happens next.
In some cases, USCIS issues a Notice of Intent to Revoke (NOIR). This notice allows you to respond before a final decision is made. Under 8 C.F.R. § 205.2, USCIS must provide notice and allow the applicant to respond before revoking certain approvals.
Responding promptly is important for protecting your immigration status.
Can USCIS Revoke an Approval After Reopening a Case?
Yes, USCIS may revoke an approval if it finds that the applicant was not eligible or that the approval was issued in error. Revocation does not happen automatically. USCIS reviews the evidence and allows the applicant to respond.
If USCIS determines that the approval should not have been granted, it may issue a formal revocation. Revocation can affect immigration status, work authorization, or permanent residency eligibility. Given the stakes, it’s important to reach out to an attorney as soon as possible.
What Should You Do if USCIS Reopens Your Approved Case?
If USCIS reopens your case, taking the right steps is an important way to protect your status and future immigration options.
You should:
- Carefully review the USCIS notice.
- Gather supporting documents.
- Respond within the required deadline.
- Speak with an immigration lawyer as soon as possible.
Responding quickly helps ensure USCIS considers your explanation and evidence. Ignoring the notice can lead to negative consequences.
Can You Challenge USCIS if It Reopens or Revokes Your Case?
You may have options to challenge USCIS decisions. Applicants can submit evidence, respond to notices, or file appeals in certain situations.
Challenging a decision may help protect your immigration status, and having legal representation can help ensure your response is complete and properly presented.
How Does Hiring an Attorney Help Protect Your Immigration Status?
Immigration laws and procedures are complex. USCIS reviews many applications, and mistakes or misunderstandings can happen.
A lawyer can review your case, explain your options, and help prepare a strong response. Your attorney will also ensure deadlines are met and that important evidence is included. Taking action early improves your ability to protect your immigration status.
Schedule a Free Consultation With Our DuPage County, IL Immigration Attorney
If USCIS reopened your approved case, it is important to act quickly. At Mevorah & Giglio Law Offices, we help clients understand their options and respond to USCIS notices. For more than 40 years, Attorney Steven H. Mevorah has been serving the needs of immigrants throughout Northern Illinois. His experience helps clients navigate complex immigration issues and protect their future.
Call 630-932-9100 to schedule a consultation with our Lombard, IL immigration lawyer and learn how to protect your immigration status. We offer services in English, Spanish, Polish, and Urdu.
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