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NOV172023_02D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 17, 2023
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A. Relevant Facts and Procedural History The Petitioner filed his U petition in July 2016. In the underlying record, the Petitioner submitted a Supplement B, certified in March 2016 by the Commanding Officer of the Domestic Violence Unit ( certifying official),! IPolice Department ( certifying agency). In response to Part 3.1 of the Supplement B, which prov…
NOV172023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 17, 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 of a labor certification, would be in the national interest. The Director denied the petition, concluding that whi…
NOV172023_03C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 17, 2023
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A. Relevant Background and Procedural History The Petitioner filed their SIJ petition and included as the basis for the classification a "Temporary Custody Order" (order) by the Court of Common Pleas ofl ICounty, Pennsylvania (court). The order is a form and identifies the parties, the Petitioner, the Petitioner's date of birth, and checks boxes awarding ph…
NOV172023_03H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 17, 2023
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The issue on appeal is whether the Applicant is eligible for a waiver due to her inadmissibility for committing acrime involving moral turpitude. The record establishes that the Applicant was admitted to the United States as an LPR in December 1981. On I I 2006, she was convicted of wire fraud in violation of 18 U.S.C. § 1343, a crime involving moral tur[it…
NOV172023_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 17, 2023
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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 substantially meritorious proposed endeavor did not rise to a level of national importance as required by the first prong of Dhanasar. The D…
NOV172023_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 17, 2023
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The Petitioner is a human resources generalist seeking to demonstrate eligibility in the EB-2 classification based on their exceptional ability. A Petitioner must demonstrate expertise significantly above that ordinarily encountered to show that they are of exceptional ability. In support, the record contains a certificate issued to them by .___________ __.…
NOV172023_09B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 17, 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 immigrant. We conclude the Director correctly determined that the record as it is currently composed does not contai…
NOV162023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 16, 2023
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On motion, the Petitioner contends we did not adequately review the record before us on appeal, but he does not sufficiently identify or discuss the aspects of the submitted evidence that he believes we overlooked. Contrary to the Petitioner's assertion, we reviewed and considered the entire record of proceeding de nova prior to making our determinations on…
NOV162023_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 16, 2023
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In order to establish that she is eligible for immigrant classification based on a VA WA petition, the Petitioner must first show that she had a qualifying marital relationship with a U.S. citizen spouse, as she claims. Marriage certificate evidence shows that the Petitioner and N-L-P-1 married in Texas in 2014 and divorced inl 12019. On her VA WA petition…
NOV162023_01D8101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 16, 2023
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A. Evidentiary Criteria
Because the Petitioner has not claimed or established that the Beneficiary received a major, internationally recognized award, it must satisfy at least three of the eight evidentiary criteria at 8 C.F .R. § 214.2( o )(3)(iii)(B). The Petitioner asserted that the Beneficiary fulfilled six criteria. The Director determined that the Pet…
NOV162023_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 16, 2023
—
Because the Petitioner has not established 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 Director found 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)(vii), related t…
NOV162023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 16, 2023
—
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 of a labor certification, would be in the national interest. For the reasons discussed below, the Petitioner has n…
NOV162023_02B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 16, 2023
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The record reflects that the Petitioner, a native and citizen of Bangladesh, married T-W-,2 a U.S. citizen, inl 12018. In February 2020, he filed the instant VAWA petition based on this marriage. The Director denied the petition, determining, in pertinent part, that the Petitioner had not demonstrated that he entered into the marriage with T-W- in good fait…
NOV162023_02D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 16, 2023
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The Petitioner filed his U petition in 201 7 based on a felonious assault committed against him. The record reflects that the perpetrator struck the Petitioner in the back of the head with a glass bottle. The bottle broke and caused a laceration in the Petitioner's head, requiring treatment at the hospital and closure with eight staples. The perpetrator was…
NOV162023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 16, 2023
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Although the Petitioner submitted evidence that he completed atwo-year course on management of small and medium enterprises, he does not assert that he earned the foreign equivalent of a U.S. bachelor's degree or higher. As such, the record does not support a finding that the Petitioner is eligible for the underlying classification as an advanced degree pro…
NOV162023_05B5203
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 16, 2023
—
The Director concluded that the Petitioner has established that the Beneficiary 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 for the Beneficiary, and thus a labo…
NOV162023_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 16, 2023
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The Petitioner initially claimed eligibility both as a member of the professions holding an advanced degree and as an individual ofexceptional ability. The record establishes that he qualifies as a member ofthe professions holding an advanced degree. We need not consider his parallel claim ofexceptional ability. The remaining issue to be determined is wheth…
NOV162023_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 16, 2023
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The Petitioner submitted Form I-290B, Notice of Appeal or Motion, with a "signature" produced by a word processor in line 6.a of Part 4. The font used for this "signature" is of a type and variety commonly used for word processor produced "signatures," and we note that it consists of all capital letters which are uniform in appearance. Further, it does not…
NOV162023_08B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 16, 2023
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A. EB-2 Visa Classification
The Director determined that the Petitioner is a member ofthe professions holding an advanced degree. However, upon de novo review, we disagree. In addition to the definition of "advance degree" provided at 8 C.F.R. § 204.5(k)(2), the regulation at 8 C.F.R. § 204.5(k)(3)(i)(B) provides that a petitioner present "[a]n official aca…
NOV152023_01B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 15, 2023
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The Petitioner indicates he is a television and film producer. The record reflects that he was in the United States in 0-1 nonimmigrant status at the time of filing. 1 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 ten alternate regulatory criteria…
NOV152023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 15, 2023
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The Petitioner, a native and citizen of Brazil, indicated in support of the petition that he was "an accomplished chef and BBQ master" and he emphasized his participation in barbeque competitions in Brazil and the United States. The Petitioner stated that in the United States he was "positioned to continue to showcase his talent and expand the gastronomy fi…
NOV152023_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 15, 2023
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The regulation at 8 C.F.R. § 204.5(1)(2) defines "professional" as "a qualified alien who holds at least a United States baccalaureate degree or a foreign equivalent degree." A petition seeking professional classification, therefore, must be accompanied by a labor certification that requires the minimum of a baccalaureate degree to qualify for the proffered…
NOV152023_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 15, 2023
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The Petitioner is a citizen and national of Nigeria who entered the United States as a nonimmigrant visitor in July 2014. The Applicant married T-G- 1, a U.S. citizen, inl 12014 and filed the current VA WA petition based on that relationship. The Petitioner claims that the marriage to his first spouse, O-D-, was terminated by divorce in02014. To support his…
NOV152023_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 15, 2023
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In our prior decision, incorporated here by reference, we discussed the Petitioner's history in seeking SIJ classification, and the inconsistencies in the record regarding his age. S ecifically, we noted that government records indicated that the Petitioner had used a date ofbirtht..._ ___t"""""..........___,_,hile outside of the United States, which confli…
NOV152023_01M1244
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 15, 2023
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There is no dispute that the Applicant is a national and citizen ofHonduras, a TPS-designated country. 1 The only issue on appeal is whether the Applicant is inadmissible to the United States for fraud or misrepresentation of a material fact and ineligible for TPS on that basis. We have reviewed the entire record and conclude that it does not support such a…