(a) Suspension of action. The consular officer shall suspend action in a petition case and return the petition, with a report of the facts, for reconsideration by DHS if the petitioner requests suspension of action, or if the officer knows or has reason to believe that approval of the petition was obtained by fraud, misrepresentation, or other unlawful means, or that the beneficiary is not entitled, for some other reason, to the status approved.
(b) Termination of action. (1) The consular officer shall terminate action in a petition case upon receipt from DHS of notice of revocation of the petition in accordance with DHS regulations.
(2) The consular officer shall terminate action in a petition case subject to the provisions of INA 203(g) in accordance with the provisions of § 42.83.
[56 FR 49682, Oct. 1, 1991]
authority: 8 U.S.C. 1104 and 1182; Pub. L. 105-277, 112 Stat. 2681; Pub. L. 108-449, 118 Stat. 3469; The Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (done at the Hague, May 29, 1993), S. Treaty Doc. 105-51 (1998), 1870 U.N.T.S. 167 (Reg. No. 31922 (1993));
42 U.S.C. 14901-14954 (Pub. L. 106-279, 114 Stat. 825);
8 U.S.C. 1101 (Pub L. 117-31, 135 Stat. 309);
8 U.S.C. 1154 (Pub. L. 109-162, 119 Stat. 2960);
8 U.S.C. 1201 (Pub. L. 114-70, 129 Stat. 561)
source: 52 FR 42613, Nov. 5, 1987, unless otherwise noted.
cite as: 22 CFR 42.43