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NOV212023_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 21, 2023
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The Applicant was granted "U-2" nonimmigrant status from November 2017 to November 2021. She filed her U adjustment application in November 2020. The Director determined that the Applicant was not eligible to adjust her status to that of a lawful permanent resident because, at the time of filing her U adjustment application, she did not demonstrate her phys…
NOV212023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 21, 2023
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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 a labor certification, would be in the national interest. The first prong, substantial…
NOV212023_01F1101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 21, 2023
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The Beneficiary, a native and citizen of Ghana, was born to M-K- 1 and B-A- onl 12010. The Petitioner filed a Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country, on February 1, 2021, and it was approved on June 22, 2021. The Petitioner filed the instant Convention adoptee petition on behalf of the Beneficiar…
NOV212023_01H4212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 21, 2023
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The Applicant is currently in the United States and seeks permission to reapply for admission pursuant to the regulation at 8 C.F.R. § 212.2(j) before departing the United States. 1 Because he has an outstanding order of removal, he will be inadmissible under section 212(a)(9)(A)(ii) of the Act once he departs. The record indicates that in 2012 the Applican…
NOV212023_02A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 21, 2023
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In 2017, the Applicant filed a Form 1-918, Petition for U Nonimmigrant Status, which USCIS approved, according him U-1 nonimmigrant status from March 6, 2017, to March 5, 2021. On March 9, 2021, he filed the instant U adjustment application.1 Accordingly, the Applicant was not in U nonimmigrant status when he filed his adjustment application as required by…
NOV212023_02H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 21, 2023
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The Applicant arrived in the United States on December 6, 2021, sought admission with a B l/B2 nonimmigrant visa, received an expedited order of removal on that date, and was removed from the United States. Therefore, the Applicant is inadmissible to the United States for five years from the date of his removal under section 212(a)(9)(A)(i) of the Act. He f…
NOV212023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 21, 2023
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The Director found that the Petitioner qualifies as a member of the professions holding an advanced degree. 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 Pe…
NOV212023_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 21, 2023
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As indicated above, petitioners must meet at least three of the regulatory criteria for classification as an individual of exceptional ability. See 8 C.F.R. § 204.5(k)(3)(ii)(A)-(F). In denying the petition, the Director determined the Petitioner fulfilled only two of the criteria. On appeal, the Petitioner maintains he meets an additional two. After review…
NOV202023_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 20, 2023
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The Petitioner filed her Form 1-918 with a Form 1-918 Supplement B, U Nonimmigrant Status Certification (Supplement B), in 2017 seeking U nonimmigrant classification based on having been the victim of battery under chapter 720, section 5/12-3(a)(1) of the Illinois Compiled Statutes (Ill. Comp. Stat.). The Director determined that the elements of battery und…
NOV202023_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 20, 2023
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As an initial matter, the Applicant is statutorily ineligible for approval of her Form N-600K because she is no longer under the age of 18 years as section 322(a)(3) of the Act requires. Although she was under the age of 18 years when she filed the Form N-600K, she turned 18 years of age in I I 2023, after the Director's! I2022 denial and prior the filing o…
NOV202023_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 20, 2023
—
The record establishes that the Applicant is a citizen of China. The Director determined the Applicant 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. The Director sent a r…
NOV202023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 20, 2023
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The Director denied the petition, concluding that the Petitioner established only the substantial merit of the proposed endeavor. The Director concluded that the Petitioner did not establish the endeavor's national importance, that she is well-positioned to advance it, or that, on balance, waiving the job offer requirement would benefit the United States. T…
NOV202023_02H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 20, 2023
—
A. The Applicant does not contest his inadmissibility. The Applicant does not contest the finding of inadmissibility for misrepresentation of material facts, which is established in the record. The relevant issue on appeal is whether the Applicant has established extreme hardship to his spouse, as required to qualify for a waiver of inadmissibility under se…
NOV202023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 20, 2023
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A. Categorical Ineligibility for EB-2 Classification In the first instance, we note the Director's request for evidence (RFE) requested the Petitioner provide evidence to demonstrate their categorical eligibility for classification as an EB-2 permanent immigrant. The Director's decision made no express observations relating to the Petitioner's EB-2 categori…
NOV202023_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 20, 2023
—
For the reasons discussed below, we agree with the Director that the Petitioner has demonstrated substantial merit but not the national importance ofher proposed endeavor under the first prong of the Dhanasar analytical framework. 2 The Petitioner indicated on Form 1-140, Immigrant Petition for Alien Workers, that her proposed employment is a marketing cons…
NOV202023_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 20, 2023
—
As stated above, the first step to establishing eligibility for a national interest waiver is demonstrating qualification for the underlying EB-2 visa classification, as either an advanced degree professional or an individual of exceptional ability. On appeal, the Petitioner does not assert nor does the record establish that he is eligible for the EB-2 clas…
NOV202023_08B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 20, 2023
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As previously indicated, the Director's decision did not offer a complete analysis or adequately explain the deficiencies in the evidence. See 8 C.F.R. § 103.3(a)(l)(i); see also Matter ofM-P-, 20 I&N Dec. 786 (BIA 1994) (finding that a decision must folly explain the reasons for denying a motion to allow the respondent a meaningful opportunity to challenge…
NOV172023_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 17, 2023
—
The Petitioner 1s an aromatherapist who proposes to open an aromatherapy studio in ~I--~ Washington. Because the Petitioner has not indicated or shown that she 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 Petitioner initially claimed to have sa…
NOV172023_01B5203
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 17, 2023
—
The Director found that the Petitioner 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 of the requirement of a job offer, and thus a labor certification, would be in the national interest. With regard to her proposed endeavor, the Petitioner stated t…
NOV172023_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 17, 2023
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A. "Unreasonable Delay" On appeal, the Beneficiary contends that USCIS had "a general duty" to make a revocation decision on the petition "in a reasonable and timely manner." He states that he "lost a significant opportunity to dispute the claim, as the [revocation] decision was made after he had transferred his employment to another company." He argues tha…
NOV172023_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 17, 2023
—
The Petitioner filed his Form I-918 in 2016 with a Supplement B signed and certified in 2016 by an officer in thel IPolice Department ( certifying official) in I I New York regarding an incident that occurred in September 2015. In response to Part 3.1 of the Supplement B, which provides check boxes for the 28 qualifying criminal activities listed in section…
NOV172023_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 17, 2023
—
A. Relevant Background and Procedural History Government records indicate that the Applicant was previously arrested for forgery and possession of narcotics in Canada. He filed for adjustment of status to that of LPR (adjustment application) and submitted documents relating to the convictions. The submitted law enforcement documents evidence the Applicant w…
NOV172023_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 17, 2023
—
The Applicant does not contest, and the record supports, the Director's determination of inadmissibility under section 212(a)(6)(C)(i) of the Act and therefore she must establish that her U.S. citizen spouse would suffer extreme hardship if she were denied admission. 1 As evidence of extreme hardship in support of her Form I-601, the Applicant submitted a s…
NOV172023_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 17, 2023
—
Because the Petitioner has not indicated or established that he has received a major, internationally recognized award, he 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 acknowledged that the Petitioner met the criteria relating to leading or critical role and high sal…
NOV172023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 17, 2023
—
The Director found that the Petitioner qualifies as a member of the professions holding an advanced degree. 2 The remaining issue to be determined is whether the Petitioner has established that waiver of the requirement of a job offer, and thus a labor certification, would be in the national interest.
A. Preliminary Issues
As an initial matter, we note tha…