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Showing 2501–2525 of 7923 (page 101 / 317)
JAN102024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jan 10, 2024 The Petitioner seeks to work as a skydiving instructor in the United States. The Director concluded that while the Petitioner meets the second prong of the Dhanasar test by being well-positioned to advance his endeavor, he does not meet the first or third prongs of the Dhanasar test, and so is not eligible for a national interest waiver. On appeal, the Peti…
JAN102024_02B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jan 10, 2024 In March 2021, the Petitioner, a citizen ofNigeria, filed a VA WA petition. In December 2022, through a request for evidence (RFE), the Director informed the Petitioner that he submitted inconsistent evidence with respect to his claim that he legally terminated his first marriage prior to the inception of the instant marriage to A-M-H-, 1 a U.S. citizen. S…
JAN102024_02H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jan 10, 2024 The Applicant admits, and the record shows, that she is inadmissible under the Act for fraud or willful misrepresentation for having used a false identity to obtain a U.S. nonimmigrant visa with a border crossing card and entered the United States multiple times using this border crossing card. Thus, the only issue before us on appeal is whether she has est…
JAN102024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jan 10, 2024 A. The Proposed Endeavor The record shows that, in 2010, a university in the Petitioner's home country of Brazil awarded her a degree in physical therapy. She then worked in Brazil as a physical therapist/Pilates instructor for about eight years. In 2018, the Petitioner came to the United States. She proposes to continue providing physical therapy/Pilates s…
JAN102024_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jan 10, 2024 The Petitioner indicates she intends to work as an entrepreneur in the field of freight packing and logistics. She claims to have met four of the six exceptional ability criteria, specifically 8 C.F.R. § 204.5(k)(3)(i i)(A), (B), (E), and (F). The Director found that the Petitioner satisfied only one criterion, official academic record at 8 C.F.R. § 204.5(k…
JAN102024_08B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jan 10, 2024 The Director did not analyze whether the Petitioner established eligibility for the EB-2 classification as either an advanced degree professional or an individual of exceptional ability. Upon de nova review, we conclude the Petitioner has established that she holds the foreign equivalent of a U.S. bachelor's degree and at least five years ofprogressive post…
JAN102024_11B5203
Remanded
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jan 10, 2024 The Petitioner proposes to work as a senior scientist and a researcher in the United States in the field of pediatric oncology. The Director did not make a determination whether the Petitioner is eligible for the underlying EB-2 classification. A. Advanced Degree Professional The Petitioner asserts that she is eligible for the EB-2 classification as an adv…
JAN092024_01A6245
Remanded
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jan 09, 2024 The Applicant, a native and citizen of Brazil, was granted U-3 nonimmigrant status from May 2017 to May 2021 . He filed the instant U adjustment application in March 2021 . The Director denied the application, finding that the Applicant had not complied with the requirements of 8 C.F.R. § 245.24( d)(5). Specifically, the Director noted that the record did n…
JAN092024_01A7245
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jan 09, 2024 The Applicant, a native and citizen of Mexico, was granted T nonimmigrant status from September 2016 to September 2020. She filed her T adjustment application on March 26, 2021. 1 The Director subsequently denied the application, concluding that the Applicant was not eligible for adjustment of status because she did not hold T nonimmigrant status when she f…
JAN092024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jan 09, 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], who has an incredible wealth of knowledge and decades of experience in both European and American electrical systems d…
JAN092024_01C6101
Accepted
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jan 09, 2024 In 2019 when the Petitioner was 17 ears of a e his aunt D-D-S-2 filed a petition with the (Family Court), seeking sole custody ~----------------------~ of the Petitioner and SIJ related findings. The court issued an order setting a custody hearing in c=J 2019 one day before the Petitioner's 18th birthday. A few days after the custody hearing and after the P…
JAN092024_01D7101
Remanded
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jan 09, 2024 The sole issue before us on appeal is whether the Petitioner established that the Beneficiary has been employed abroad in a managerial or executive capacity. The Petitioner states that its foreign affiliate has employed the Beneficiary in an executive capacity as its CEO since September 2012. To establish that the Beneficiary's employment abroad is in an ex…
JAN092024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jan 09, 2024 A. The Motion to Reopen The Petitioner's motion to reopen neither states new facts nor includes documentary evidence. See 8 C.F.R. § 103.5(a)(2). As the motion does not meet applicable requirements, we must dismiss it. See 8 C.F.R. § 103.5(a)(4). B. The Motion to Reconsider The Petitioner's motion to reconsider contends that our prior decision misanalyses e…
JAN092024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jan 09, 2024 A. Advanced Degree In our de nova review of the Petitioner's eligibility for the underlying classification, we agree with the Director that the Petitioner has not established eligibility as a member of the professions holding an advanced degree.2 Although, the Director determined the Petitioner holds the foreign equivalent of a U.S. bachelor's degree in law…
JAN092024_03D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jan 09, 2024 A. Relevant Facts and Procedural History The Petitioner filed his U petition with a Supplement B signed and certified in 201 7 by the Chief of Police, I I ( certifying official) in relation to an incident that occurred in 2006. In response to Part 3 .1 of the Supplement B, the certifying official indicated the Petitioner was the victim of criminal activity…
JAN092024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jan 09, 2024 The Petitioner, a native and citizen of Brazil, stated that his proposed endeavor was to "continue delivering benefits to the aviation industry via his endeavor in the area of Aircraft Mechanical Maintenance in the [United States]," specifically through a full-time position as an aircraft maintenance specialist with an aircraft maintenance provider, T-A-A-,…
JAN092024_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jan 09, 2024 A. EB-2 Immigrant Classification As stated above, a petitioner must establish eligibility for the EB-2 classification in order to be eligible for a national interest waiver. Here, the Director's decision does not include a determination regarding the Petitioner's eligibility for the underlying EB-2 visa classification as an advanced degree professional. Bec…
JAN082024_01A6245
Remanded
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jan 08, 2024 The Applicant, a citizen of El Salvador, last entered the United States without inspection, admission, or parole in around 2008, at or near McAllen, Texas, when he was 24 years of age. The Applicant's spouse, who was the victim of rape, was granted U-1 Nonimmigrant status. Consequently, the Applicant was granted U-2 Nonimmigrant status from October 2013 to…
JAN082024_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jan 08, 2024 The Petitioner, a native and citizen of India, filed his VA WA petition in June 2020 based on his marriage to T-J-S-, 1 a U.S. citizen. Before the Director denied the petition, the Director issued a request for evidence (RFE) requesting that the Petitioner establish joint residence, a good faith marriage, and battery and extreme cruelty. After reviewing the…
JAN082024_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jan 08, 2024 The issue on appeal is whether the Applicant should be granted conditional approval of his application for permission to reapply in the exercise of discretion. The record reflects that the Applicant entered the United States without insrection on February 1, 2001, and he is the subject of an unexecuted in absentia removal order dated I, 2002, issued by the…
JAN082024_01H5212
Remanded
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jan 08, 2024 The Director determined the Applicant, a citizen of Jamaica, was inadmissible under section 212(a)(6)(C)(i) of the Act for fraud or willful misrepresentation of a material fact, and the Applicant, who is seeking adjustment of status, therefore filed this Form 1-601 to waive her inadmissibility. In denying the Form 1-601 application, the Director, in part, s…
JAN082024_02B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jan 08, 2024 The Petitioner was admitted to the United States in October 2001 in B-2 nonimmigrant visitor status, and she married a U.S. citizen, D-H-, 1 inl I2008. In August 2018, the Petitioner filed the instant VAWA petition based on her marriage to D-H-, claiming that he engaged in abusive behavior. The VAWA petition listed that they resided together froml 12008 unt…
JAN082024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jan 08, 2024 The Director concluded that the Petitioner qualified 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…
JAN082024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jan 08, 2024 A. The Proposed Endeavor The record shows that the Petitioner, a Brazilian native and citizen, earned a four-year bachelor's degree in his home country. For about the next 14 years, companies there employed him as a distributor manager and general director/franchisee. The Petitioner came to the United States in 2022 and intends to operate six franchise stor…
JAN082024_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jan 08, 2024 As noted above, the Director did not indicate in the decision whether the Petitioner qualifies for classification as a member ofthe professions holding an advanced degree. However, in a prior request for evidence (RFE), the Director specifically concluded that "the [P]etitioner failed to demonstrate that he is eligible for classification as a professional h…
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