9.1 - Visa Petitions Generally

A visa petition is the first step toward obtaining lawful permanent residence for a foreign-born individual or family.  It is usually filed by a United States citizen, lawful permanent resident, or employer.  Visa petitions are adjudicated by DHS and once approved, may be revoked or revalidated by DHS under certain circumstances.  If a visa petition is denied or revoked, or the revalidation of a visa petition is denied, an appeal may be taken to the Board in some instances.

For visa petition appeals within the Board’s jurisdiction,  DHS is initially responsible for management of the appeal, including the processing of briefs.  The Board’s role in the appeal process does not begin until the completed record is received from DHS.  See 8 C.F.R. § 1003.5(b).