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DEC072023_05B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 07, 2023
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The Petitioner, a citizen and national of Ukraine, came to the United States as a non-immigrant visitor in April 2017 and has not departed. She married T-W- 1, a U.S. citizen, inl 12017 and filed the current VA WA petition based on that relationship. Prior to filing her VAWA petition, T-W- filed a Form I-130, Petition for Alien Relative (I-130), seeking to…
DEC072023_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 07, 2023
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A. Member of the Professions Holding an Advanced Degree In order to show that a petitioner holds a qualifying advanced degree, the petition must be accompanied by "[ a ]n official academic record showing that the alien has a United States advanced degree or a foreign equivalent degree." 8 C.F.R. § 204.5(k)(3)(i)(A). Alternatively, a petitioner may present "…
DEC072023_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 07, 2023
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A. The Petitioner's Endeavor
The Petitioner proposes to work in the United States as an "IT Developer," and initially described his general duties on the Form 1-140 as being to research, design, develop, and test operating systems level software, and to analyze information to determine, recommend, and plan installation of a new system or modification of an…
DEC062023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 06, 2023
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A. The Proposed Endeavor
The record shows that the Petitioner, a Brazilian national and citizen, has almost 30 years ofexperience as a business entrepreneur. He has established various types of businesses, including: restaurants; media companies; marketing enterprises; and e-commerce, educational, and technology firms. Proposing to continue his entrepreneur…
DEC062023_01C10204
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 06, 2023
—
The
Petitioner, a native and citizen ofMexico, filed his Form 1-360, Petition for Abused Parent ofU.S. Citizen (VAWA petition) in November 2021, claiming he was the abused parent ofK-S-A- 2, a United States citizen. Following the review of the initial evidence provided with his VA WA petition and his response to a request for evidence (RFE), the Director de…
DEC062023_01D14101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 06, 2023
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A. Procedural and Factual History The record reflects that in August 201 7 the Petitioner filed her U petition with a Supplement B rgnedl and certified by a deputy prosecuting attorney of thel ICounty Prosecutor's Office in I IIndiana ( certifying official). In Part 3 ofthe Supplement B, the certifying official indicated that in September 2016, the Petition…
DEC062023_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 06, 2023
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The Director determined that the Applicant qualified for a waiver under section 212(h)(l)(A) of the Act because 15 years had elapsed since the offense took place and he has shown rehabilitation and reformation of character. However, the Director denied the application after concluding that the combined medical and emotional hardship experienced by the Appli…
DEC062023_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 06, 2023
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With the waiver application the Applicant submitted a statement from herself and a statement from her spouse, J-R-P-. 2 The Applicant also submitted a psychological evaluation of J-R-P-, income and employment information, family photos, information on country conditions in China, the Applicant's country of nationality, and letters in support from those who…
DEC062023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 06, 2023
—
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. At initial filing, the Petitioner's cover letter stated:... [E]ven the best hospice care providers sometimes cannot determine the actual cause of death, because many of the hospice reci…
DEC052023_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 05, 2023
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A. Relevant Background and Procedural History The Petitioner applied for a visitor's visa to the United States and it was approved on February 27, 2018. The Petitioner's visa application stated she was married with three children. On March 14, 2018, the Petitioner entered the United States. The Petitioner married a U.S. citizen on I I 2019, who filed a Form…
DEC052023_01C1101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 05, 2023
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The instant petition was filed on July 12, 2021, to classify the Beneficiary as a special immigrant religious worker. On the Form 1-360, Petition for Special Immigrant Religious Worker, the Petitioner indicated that the Beneficiary arrived in the United States on December 3, 2019, in tourist status and was never in R-1 nonimmigrant religious worker status p…
DEC052023_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 05, 2023
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The Applicant is seeking a Certificate of Citizenship indicating that he derived U.S. citizenship from his U.S. citizen father. The Applicant was born in the Dominican Republic in I 12005, to married foreign national parents. The Applicant's parents divorced in I 12012, in the Dominican Republic. The Applicant was admitted to the United States as an LPR in…
DEC052023_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 05, 2023
—
In our previous decision on the Applicant's motion, which we incorporate here by reference, we acknowledged the submission of supplemental evidence, but determined the record still did not establish that the Applicant's favorable factors outweighed his unfavorable ones, and therefore he did not merit a favorable exercise of discretion. 1 We noted that the a…
DEC052023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 05, 2023
—
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] intends to advance her career as a Clinical and Counseling Psychologist, to assess, diagnose, and treat patients w…
DEC052023_02C1101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 05, 2023
—
The Petitioner filed the instant petition on January 3, 2022, to obtain the special immigrant religious worker classification for the Beneficiary as a pastor. The Director issued a request for evidence (RFE) on May 23, 2022, as the initial filing did not contain evidence to support eligibility for the classification, including the religious organization's t…
DEC052023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 05, 2023
—
As noted above, the Director did not clarify whether the Petitioner qualifies for second-preference classification as a member of the professions holding an advanced degree. See section 203(b )(2) of the Act. The Director stated that a diploma in the record "has been accurately described as a foreign equivalent to a Master's degree in the United States." Ho…
DEC052023_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 05, 2023
—
The
Petitioner received a Ph.D. in Public Health from~------------~ in December 2020. The Director found that she qualifies as a member of the professions holding an advanced degree. The sole issue to be determined is whether the Petitioner has established that a waiver ofthe requirement of a job offer, and thus a labor certification, would be in the nation…
DEC042023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 04, 2023
—
The Petitioner, a native and citizen of Brazil, stated she intended to continue her career as a marketing professional in the United States through a Florida based company she had established, F-S-G-, LLC. The Petitioner asserted her company would operate "in the gun and ammunition markets," selling"firearms, ammunition, and related accessories for sports,…
DEC042023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 04, 2023
—
The Director observed that the Petitioner was eligible for EB-2 classification as an individual who is a member of the professions holding an advanced degree. But the Director ultimately concluded that the Petitioner's proposed endeavor was not substantially meritorious and did not rise to a level of national importance as required by the first prong ofDhan…
DEC042023_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 04, 2023
—
As a preliminary matter, we note that by regulation, the scope of a motion is limited to "the prior decision." 8 C.F.R. § 103.S(a)(l)(i). The issue before us is whether the Petitioner has submitted new facts to warrant reopening or has established that our decision to dismiss the appeal was based on an incorrect application of law or USCIS policy. We theref…
DEC042023_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 04, 2023
—
We address whether the Petitioner has established that a waiver of the job offer requirement, and thus of the labor certification, would be in the national interest. The Director concluded that the Petitioner's substantially meritorious proposed endeavor did not rise to a level of national importance as required by the first prong of Dhanasar. The Director…
DEC042023_08B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 04, 2023
—
The Petitioner, a native and citizen of Brazil, indicated his proposed endeavor was to "work as an Entrepreneur in civil engineering." The Petitioner emphasized that he worked on "leading and critical roles in companies in Brazil" and stated he had a "proven ability to make major business contributions in his field." The Petitioner indicated he planned to d…
DEC042023_09B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 04, 2023
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The Petitioner initially proposed to continue working in their field for U.S. companies as a "business intelligence analyst" serving as an "expert in data analysis" with companies in "banking and/or finances" with an aim to "progressively and positively benefit the United States business industry, and economy." by "increase[ing] sales, benefiting American e…
DEC042023_10B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 04, 2023
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The Director concluded that the record does not satisfy at least three of the six exceptional ability criteria at 8 C.F.R. § 204.5(k)(3)(ii). More specifically, although the Petitioner asserted that he satisfies the criteria at 8 C.F.R. § 204.5(k)(3)(ii)(A)-(B), (E)-(F), the Director found that the record satisfies only the criteria at 8 C.F.R. § 204.5(k)(3…
DEC042023_11B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 04, 2023
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The Petitioner, a native and citizen of Mongolia, stated in support of the petition that she planned on acting as a marketing manager and entrepreneur, working to establish her proposed company D Corporate, an "affordable pharmacy store" based in Virginia. The Petitioner explained her proposed company as follows: D- Corporate will specialize in providing p…