ESTIME

Citations

• 19 I. & N. Dec. 450

Syllabus

ESTIME, 19 I&N Dec. 450 (BIA 1987) ID 3029 (PDF) (1) Pursuant to section 205 of the Immigration and Nationality Act, 8 U.S.C. § 1155 (1982), a notice of intention to revoke approval of a visa petition is not properly issued unless there is\good and sufficient cause\ and the notice includes a specific statement not only of the facts underlying the proposed action, but also of the supporting evidence. (2) \Good and sufficient cause\ for issuing such a notice exists when the evidence of record at the time of issuance, if unexplained and unrebutted, would warrant a denial. (3) There is \good and sufficient cause\ within the meaning of section 205 of the Act to revoke approval of a visa petition if the evidence of record at the time of the decision, including anyexplanation or rebuttal submitted by the petitioner, warrants a denial based on the petitioner's failure to meet his or her burden of proof. (4) A decision to revoke approval of a visa petition will not be sustained where the notice of intention to revoke was not properly issued. (5) A decision to revoke approval of a visa petition will be sustained where a petitioner fails to make a timely explanation or submission of evidence to the Immigration and NaturalizationService after receipt of a properly issued notice of intention to revoke.