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DEC212023_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 21, 2023
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A. Relevant Facts and Procedural History The Petitioner filed his U petition in July 2016 with a Supplement B signed and certified by a commander in the I I, Minnesota Police Department. The certifying official checked boxes indicating that the Petitioner was the victim of criminal activity involving or similar to "Felonious Assault," "Related Crimes," and…
DEC212023_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 21, 2023
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As discussed above, in order to acquire citizenship as a child born out of wedlock through a U.S . citizen father under former section 30l(a)(7) and old section 309(a) of the Act, the Applicant must 3 Names withheld to protect the individuals' identities. 4 Section 309(a), as amended by the 1986 Act, applies to persons who had not yet attained 18 years ofag…
DEC212023_01F1101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 21, 2023
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A. Relevant Factual and Procedural History The Petitioner filed the orphan petition on behalf of the Beneficiary, her grandson and a citizen of Nigeria, in May 2022, when the Beneficiary was one year old. The Petitioner marked the box on the orphan petition indicating that the Beneficiary is an orphan because he "has only one sole or surviving parent who is…
DEC212023_02C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 21, 2023
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In our prior decisions, we determined that, although the Petitioner had overcome the Director's original denial, she had not established that she merited USCIS' consent to SIJ classification. 2 In our dismissal of the Petitioner's appeal, we referenced two published decisions that had been adopted by USCIS to provide policy guidance regarding when USCIS' co…
DEC212023_02D7101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 21, 2023
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The record shows that the Beneficiary, an Indian native and citizen, started working for the Petitioner's affiliate in India as a co-managing director in 2012. She has worked for the Petitioner in the United States in L-lA status in the offered position of regional head since 2019. The company's prior approved petition for her extended her L-lA status in an…
DEC212023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 21, 2023
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The sole issue on appeal is whether the Petitioner has established that a waiver of the requirement of a job offer, and thus ofa labor certification, would be in the national interest. For the reasons discussed below, the Petitioner has not established that a waiver of the job offer requirement is warranted. The first prong ofthe Dhanasar test, substantial…
DEC202023_01B6203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 20, 2023
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A petitioner must demonstrate that a beneficiary met all DOL-certified requirements of an offered job by a petition's priority date. Matter of Wing's Tea House, 16 I&N Dec. 158, 160 (Acting Reg'l Comm'r 1977). This petition's priority date is March 7, 2022, the date DOL accepted the accompanying labor certification application for processing. See 8 C.F .R.…
DEC202023_01D14101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 20, 2023
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A Relevant Facts and Procedural History In March 2016, the Petitioner filed his U petition with a Supplement B (first Supplement B) signed and certified by a detective from thel I, California Police Department (certifying official). The certifying official checked the box indicating that the Petitioner was the victim of criminal activity involving or simila…
DEC202023_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 20, 2023
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The Director found that the Petitioner qualifies as an individual of exceptional ability. The remaining issue to be determined 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. For the reasons discussed below, we conclude that the Petitioner has not s…
DEC202023_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 20, 2023
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The Director found that the Petitioner qualifies as a member of the professions holding an advanced degree. The record reflects that determination. However, the Director found the record did not establish that a waiver of the requirement of a job offer, and thus a labor certification, would be in the national interest. The Director found that while the Peti…
DEC202023_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 20, 2023
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The Petitioner proposes to establish a home healthcare business for which she would be its chief executive officer and a nurse specialist. The Director found that the Petitioner did not establish eligibility for the underlying EB-2 classification as an individual of exceptional ability. The Director further found that the Petitioner did not merit a discreti…
DEC202023_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 20, 2023
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The Petitioner proposes to establish a facilities management services business in the United States having previously worked as a facilities coordinator, administrative manager, and property security guard in Brazil. A. Member of Professions Holding an Advanced Degree The Director determined the Petitioner is eligible for the EB-2 classification as an advan…
DEC202023_08B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 20, 2023
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The Director determined that the Petitioner qualifies for the underlying EB-2 classification. Therefore, the remaining issue is whether the Petitioner has established eligibility for a national interest waiver under the Dhanasar framework. While we do not discuss each piece of evidence individually, we have reviewed and considered each one. The first Dhanas…
DEC192023_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 19, 2023
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The Petitioner has exhibited her artwork in Uzbekistan, Russia, and Spain. Because she has not indicated or 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). In denying the petition, the Director determined that the Petitioner su…
DEC192023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 19, 2023
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A. Categorical Ineligibility for EB-2 Classification In the first instance, we note the Director's RFE requested the Petitioner provide evidence to demonstrate their categorical eligibility for classification as an EB-2 immigrant. The Director's decision made no express observations relating to the Petitioner's EB-2 categorical eligibility. We conclude the…
DEC192023_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 19, 2023
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The record reflects that in March 2020, the Petitioner, a citizen of Nigeria, filed aVAWA petition. In February 2023, through a notice of intent to deny (NOi D), the Director informed the Petitioner that she submitted inconsistent evidence with respect to her claim that she legally terminated her first marriage prior to the inception of the instant marriage…
DEC192023_01D13101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 19, 2023
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The Director initially approved the petition with validity from May 1, 2023 until October 30, 2025. But they issued a notice ofrevocation after a USCIS officer conducted a site inspection and concluded that the Beneficiary was not working per the approved petition, and thus that the Petitioner had violated the terms and conditions of that petition and faile…
DEC192023_01H2212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 19, 2023
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The Applicant does not dispute his inadmissibility under section 212(a)(2)(A) of the Act for having been convicted of a crime involving moral turpitude. Onl I, 1995, the Applicant was found guilty and convicted for the offense of attempted Criminal Possession of Stolen Property in the 3rd degree. 1nD2003, the Applicant was placed into removal proceedings an…
DEC192023_01H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 19, 2023
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The Director determined the Applicant, a citizen of Mexico, 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, the Director determined that the Appl…
DEC192023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 19, 2023
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The Director determined the Petitioner qualifies for the underlying EB-2 classification as an advanced degree professional. Therefore, the remaining issue is whether the Petitioner has established eligibility for a national interest waiver under the Dhanasar framework. While we do not discuss each piece of evidence individually, we have reviewed and conside…
DEC192023_02E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 19, 2023
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Because the Applicant is claiming derivative citizenship through his adoptive parents, he must show not only that he meets the relevant conditions in former section 321 of the Act concerning age and the parents' naturalization, but he must also satisfy the additional requirements in former section 32l(b) of the Act applicable to adopted children. Thus, to p…
DEC192023_02H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 19, 2023
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The Director determined that the Applicant was inadmissible under section 212(a)(2)(A)(i) of the Act because he was convicted ofCIMTs, including a 2001 conviction for battery with serious bodily injury in violation of section 243( d) of the California Penal Code (Cal. Penal Code) and a 2008 conviction for grand theft in violation of section 487(a) of the Ca…
DEC192023_02M1244
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 19, 2023
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The Applicant's motion does not meet the above requirements because it is untimely, and the evidence he submits is not sufficient to demonstrate eligibility for TPS. A. Exception to Timely Motion Filing Not Established
The Applicant's
motion is untimely, and he has not shown that the delay in filing was reasonable and beyond his control. In dismissing the…
DEC192023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 19, 2023
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A. Categorical Ineligibility for EB-2 Classification In the first instance, we conclude that the Petitioner has not provided relevant, material, or probative evidence to demonstrate their categorical eligibility for classification as an EB-2 immigrant. So we withdraw the Director's conclusion that the Petitioner is an advanced degree professional classifiab…
DEC192023_03E2309
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 19, 2023
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The record includes a birth certificate ofthe Applicant's father, which reflects that he was born in New Jersey in I I 1935, and there is no dispute that he was a U.S. citizen at the time of the Applicant's birth abroad inl I 1956. The only issue on appeal is whether the Applicant has met her burden of proof to show that her father was physically present in…