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JAN162024_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 16, 2024
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The record reflects that the Applicant initially entered the United States in 1993 without inspection and admission or parole. Following the denial of her asylum request the Applicant was placed in removal proceedings and, because she did not appear for the scheduled removal hearing, in 2002 an Immigration Judge ordered her removed from the United States in…
JAN162024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 16, 2024
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The Director's decision did not render a determination as to whether the Petitioner qualifies as a member of the professions holding an advanced degree. Instead, the decision only addressed the Petitioner's eligibility for a national interest waiver. Therefore, the issue for consideration on appeal is whether the Petitioner has established that a waiver of…
JAN162024_02C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 16, 2024
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In [----:J 2022, when the Petitioner was 18 years old, the Court[ hn Virginia (juvenile court~)-i-ss_u_e_d_a_n_O_r_d_e_r_l?_f_F_i_n_d-in_g_s_(_S_I_J_o_rd_e_r~), finding that the Petitioner "was abandoned and neglected by her father who did not provide any support to her and that it was and remains in her best interest not to be returned to Honduras." Based…
JAN162024_02H4212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 16, 2024
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The issue presented on appeal is whether the Applicant is eligible to obtain permission to reapply for admission to the United States. The Applicant's imjigratiol history is as follows: (i) he first entered the United States without inspection in 1995; (ii) in 2002, he was ordered removed from the United States in absentia, and he returned to Mexico in Nove…
JAN162024_03H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 16, 2024
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The Applicant is currently in the United States and seeks conditional permission to reapply for admission pursuant to the regulation at 8 C.F.R. § 212.2(j) before he departs. 1 He does not contest that he will become inadmissible under section 212(a)(9)(A)(ii) of the Act upon departure for having been previously ordered removed. The only issue on appeal is…
JAN162024_04H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 16, 2024
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According to the Applicant's 2017 interview with a U.S. Citizenship and Immigration Services (USCIS) immigration officer, he first entered the United States without being admitted in 1985 and
departed sometime in 1999. The record reflects that the Applicant attempted to enter the United States in March 1999 with fraudulently obtained documents, was found i…
JAN162024_05H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 16, 2024
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The Applicant entered lawfully as a J-1 nonimmigrant in 2010. She applied for asylum in 2011 and was referred to the Immigration Judge. The Applicant withdrew her asylum application and the Immigration Judge granted withholding of removal in 2016.
According to the Applicant, she intends to adjust status in the United States as a dependent of her lawful per…
JAN122024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 12, 2024
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A. Petitioner's Educational Credentials
The first issue on appeal is whether the Petitioner qualifies for the EB-2 visa classification as an advanced degree professional.2 The term "advanced degree" is defined at 8 C.F.R. § 204.5(k)(2) as follows: Advanced degree means any United States academic or professional degree or a foreign equivalent degree above th…
JAN122024_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 12, 2024
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In our previous decision on the Applicant's appeal, which we hereby incorporate by reference, we made two determinations. First, we found that no purpose would be served in granting the application for permission to reapply. It was unclear if the Applicant intended to depart the United States and pursue an immigrant visa abroad, as he did indicate an intent…
JAN122024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 12, 2024
—
A. Petitioner's Educational Credentials
The first issue on appeal is whether the Petitioner qualifies for the EB-2 classification as an advanced degree professional.2 The term "advanced degree" is defined at 8 C.F.R. § 204.5(k)(2) as follows: Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of…
JAN122024_02E2309
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 12, 2024
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The Applicant, a native of Somalia, was born inO2001. The Applicant's father came to the United States in 2004 through the Diversity Visa lottery and naturalized in 2010. The Applicant remained abroad in Kenya until he entered the United States as the child of a U.S. citizen in October 2017, at the age of 16. The Applicant claims that he began living with h…
JAN122024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 12, 2024
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The Director concluded that the Petitioner qualifies as a member of the professions holding an advanced degree. Accordingly, the remaining issue to be determined on appeal is whether the Petitioner has established that a waiver of the requirement of a job offer, and thus of a labor certification, would be in the national interest. For the reasons discussed…
JAN122024_07B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 12, 2024
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On appeal, the Petitioner reiterates the explanations contained in previously provided letters and affidavits and contends that the letter of recommendation in question did not contain false representations. Alternatively, the Petitioner states that "even if any representation may have been falsely made [it] was not willful." In sum, the Petitioner asserts…
JAN112024_01B3203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 11, 2024
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The Petitioner states that the Beneficiary is an Internet of Things (IoT) and artificial intelligence researcher. At the time of filing, the Petitioner presented a letter from a graduate advisor atl I indicating that the Beneficiary "completed all the courses and thesis credits._r_e_q_u-ir_e_d_o_f_h_i_s_M-.S-_-P_l.....an A thesis degree in Computer Engineer…
JAN112024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 11, 2024
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The Petitioner filed its 1-140 petition on behalf of the Beneficiary in October 2016, and it was initially approved in November 2016. In March 2022, the Director issued a notice of intent to revoke (NOIR) based upon the Petitioner's willful misrepresentation of material facts in the petition concerning a familial relationship between its principal and the B…
JAN112024_01D15245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 11, 2024
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A. Relevant Background and Procedural History In May 2000, the Beneficiary was admitted to the United States as a conditional LPR, based on an approved Form 1-130, Petition for Alien Relative (family petition), filed by her U.S. citizen spouse, R-V-, who is also the Petitioner's brother.1 The family petition included R-V-'s address. At the time the Benefici…
JAN112024_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 11, 2024
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The Director concluded that the Applicant, a native and citizen of the Dominican Republic, was inadmissible under section 2 l 2(a)(2)(A)(i) of the Act 1 for having been convicted of a CIMT due to his guilty plea to corruption of minors in violation of Pennsylvania law. The Applicant claims in his statement on appeal that the victim's family falsely accused…
JAN112024_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 11, 2024
—
The issue presented on appeal is whether the Applicant is eligible to obtain permission to reapply for admission to the United States. The Applicant's immigration history is as follows: (i) he first entered the United States without inspection in 1989; (ii) in 1994, he returned to Mexico and reentered the United States without inspection within the same yea…
JAN112024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 11, 2024
—
The Director concluded that the Petitioner qualifies as a member of the professions holding an advanced degree. The record supports that conclusion. The remaining issue to be determined on appeal is whether the Petitioner has established that a waiver of the requirement of a job offer, and thus a labor certification, would be in the national interest. The D…
JAN112024_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 11, 2024
—
Regarding the national interest waiver, the first prong relates to substantial merit and national importance of the specific proposed endeavor. Dhanasar, 26 I&N Dec. at 889. The Petitioner's initial cover letter indicated: [The Petitioner's] endeavor is to provide structural and hydraulic design services, quality control of materials, and construction pract…
JAN112024_09B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 11, 2024
—
The Director found that the Petitioner did not establish that she is an individual of exceptional ability, and as such did not establish that she qualifies for the EB-2 classification. 3 The Director farther found that the Petitioner did not establish eligibility under any of the three required prongs of the Dhanasar framework and therefore concluded that s…
JAN112024_10B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 11, 2024
—
The Director determined that the Petitioner was a member of the professions holding an advanced degree. 3 The remaining issue to be determined is whether the Petitioner qualifies for a national interest waiver under the Dhanasar framework. The Petitioner states that she is an architectural designer and manager with more than seven years of experience creati…
JAN102024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 10, 2024
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Because the Petitioner has not established that she has received a major, internationally recognized award, she must satisfy at least three of the alternate regulatory criteria at 8 C.F.R. § 204.5(h)(3)(i) (x). The Director found that the Petitioner met one of the evidentiary criteria at 8 C.F.R. § 204.5(h)(3)(i) - (x), that of 8 C.F.R. § 204.5(h)(3)(iv), r…
JAN102024_01B4203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 10, 2024
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As noted, the Director denied the petition on multiple independent and alternative grounds, and further concluded that the Petitioner and Beneficiary had willfully misrepresented facts that are material to eligibility for the requested benefit. For the reasons provided below, the Petitioner has not established that it meets all eligibility requirements for…
JAN102024_01D15245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 10, 2024
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The Derivative was born in Mexico in I I 1997. The Petitioner, his father, was granted U nonimmigrant status and subsequently became an LPR in March 2019. He filed the instant U immi~rant petron on behalf of the Derivative in November 2021. The Derivative turned 21 years of age in 2018, before the Petitioner filed the instant U immigrant petition. The Direc…