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NOV092023_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 09, 2023
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A. Relevant Facts and Procedural History Inl 12018, when the Petitioner was 17 years old, a Texas District Court forl !county
(District Court) issued an "ORDER IN SUIT TO MODIFY PARENT-CHILD RELATIONSHIP"
(SIJ order), appointing the Petitioner's maternal aunt N-K-N- 2 and her spouse M-D-D- as the Petitioner's 'joint managing conservators" with legal custod…
NOV092023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 09, 2023
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The Director found that the record satisfied at least three of the six exceptional criteria at 8 C.F.R. § 204.5(k)(3)(ii). However, the Director determined that the Petitioner "does not have a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business" and, thus, did not establish exceptional ability. See 8 C.F.R.…
NOV082023_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 08, 2023
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In 2014, the Applicant filed a Form 1-918, Petition for U Nonimmigrant Status, which USCIS approved, according her U-1 nonimmigrant status from May 2017 to May 2021. In December 2020, she filed the instant U adjustment application. The Director denied the Applicant's U adjustment application. The Director acknowledged the positive and mitigating equities pr…
NOV082023_01D14101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 08, 2023
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A. Relevant Facts and Procedural History The Petitioner filed the U petition in April 2016 with a Supplement B signed and certified by a designated officer of the I IPolice Department ( certifying official). The certifying official checked the boxes to indicate that felonious assault, attempt, and related crimes were the qualifying criminal activity. The ce…
NOV082023_01D7101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 08, 2023
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The record shows that the Beneficiary, an Iranian native and Canadian citizen, began working as the CEO of t~e Petjtjo~er's affiliate in Canada in 2009. The petitioning U.S. limited liability company formed in~-~2022 and, about seven months later, initially petitioned for him to work in this country in L-lA status. The foreign company operates the same type…
NOV082023_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 08, 2023
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The Applicant used a fraudulent 1-94 entry number and entry date when he applied for an extension of status on the Form 1-539, Application to Extend/Change Nonimmigrant Status. He also provided false testimony to USCIS on his first adjustment of status application in confirming he attended the I !College when he had not attended this school. USCIS determine…
NOV082023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 08, 2023
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The Petitioner claimed eligibility for the EB-2 classification as an individual of exceptional ability. The Director concluded that the Petitioner did not qualify as an individual of exceptional ability for not having met three ofthe six criteria. Because we nevertheless find that the record does not establish that a waiver ofthe requirement of a job offer,…
NOV082023_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 08, 2023
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The Director found that the Petitioner qualifies as an advanced degree professional based upon obtaining the foreign equivalent of a bachelor's degree in psychology followed by at least five years of progressive work experience. See 8 C.F.R § 204.5(k)(2) (a member of the professions who possesses a bachelor's degree or the foreign equivalent degree followed…
NOV082023_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 08, 2023
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The Director determined that the Petitioner qualifies for EB-2 classification as a member of the professions holding an advanced degree and the record supports this conclusion. 2 Therefore, the sole issue on appeal is whether the Petitioner established that she merits a national interest waiver as a matter of discretion. In denying the petition, the Directo…
NOV072023_01B9204
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 07, 2023
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The
Petitioner, a native and citizen of Guatemala, filed the instant Form 1-360, Petition for Amerasian, Widow(er), or Special Immigrant (VAWA petition) in October 2019, based upon his marriage to a United States citizen, K-R-R-. 1 His VA WA petition was approved by the Director in November 2021; however, after the approval of his petition, USCIS was notifi…
NOV072023_01D7101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 07, 2023
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The record shows that the petitioning limited liability company formed in the United States inl,____ ____, 2019 and initially petitioned for the Beneficiary in L-lA status in May 2019. The Beneficiary, a Liberian native and Lebanese citizen, had worked as general manager of the Petitioner's affiliated dental laboratory in Lebanon since 1995. The Beneficiary…
NOV072023_02D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 07, 2023
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A. Relevant Facts and Procedural History The Petitioner filed his U petition in January 2016 with a Supplement B, dated July 20 15, sigTd and certified by the Central Command Captain of thel Icounty Sheriff's Office in 1 Texas ( certifying official). The certifying official checked the box indicating that the Petitioner was the victim of criminal activity i…
NOV072023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 07, 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 a labor certification, would be in the national interest. For the reasons discussed below, we conclude that the Pe…
NOV072023_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 07, 2023
—
The Petitioner checked box 1.h in Part 2 of the Form 1-140, Immigrant Petitioner for Alien Worker, to indicate that he is applying of a national interest waiver. However, instead of providing evidence that he meets the underlying EB-2 visa classification under Section 203(b )(2)(B)(i) and satisfies the Dhanasar's three-pronged analytical framework, the Peti…
NOV072023_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 07, 2023
—
The Director's decision did not render a determination as to whether the Petitioner qualifies as a member of the professions holding an advanced degree and instead focused on the Petitioner's eligibility for a national interest waiver. 2 Therefore, the issue before us on appeal is whether the Petitioner has established that a waiver of the requirement of a…
NOV072023_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 07, 2023
—
The Director determined that the Petitioner established his eligibility as a member of the professions holding an advanced degree. The issue on appeal is whether the Petitioner is eligible or otherwise merits a waiver of the classification's job offer requirement. The Director concluded the Petitioner did not establish that a waiver of the requirement of a…
NOV072023_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 07, 2023
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The Petitioner states that he proposes to work in the United States as an entrepreneur. The Director determined that the Petitioner established his eligibility as a member of the professions holding an advanced degree; however, he did not establish that a waiver of the requirement of a job offer, and thus alabor certification, would be in the national inter…
NOV072023_08B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 07, 2023
—
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. A. Substantial Merit and Nati…
NOV072023_11B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 07, 2023
—
The Petitioner proposes to establish a physical therapy and pilates clinic business in the United States having previously worked as aphysiotherapist, physical therapist, and pilates instructor in Brazil. The Director determined that the Petitioner established eligibility for the underlying EB-2 immigrant as a member of the professions holding an advanced d…
NOV072023_12B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 07, 2023
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The Petitioner proposes to work in the United States as a nurse. The Director determined that the Petitioner established her eligibility for the underlying EB-2 classification as an individual of exceptional ability; however, she did not establish that a waiver of the requirement of a job offer, and thus a labor certification, would be in the national inter…
NOV072023_13B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 07, 2023
—
The Director determined that the Petitioner established her eligibility as a member of the professions holding an advanced degree.3 The issue on appeal is whether the Petitioner is eligible or otherwise merits a waiver of the classification's job offer requirement. The Director concluded that the Petitioner did not establish that a waiver of the requirement…
NOV062023_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 06, 2023
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The Applicant entered the United States without inspection, admission, or parole in 2003. In December 2013, the Applicant was the victim of a felonious assault. The Applicant cooperated with law enforcement authorities and filed a Form 1-918, Petition for U Nonimmigrant Status (U petition) on this basis in March 2014. The Director approved the Applicant's U…
NOV062023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 06, 2023
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The Director's conclusions regarding whether the Petitioner is eligible for second preference classification are unclear. The Director determined the Petitioner satisfied at least three of the six exceptional ability criteria at 8 C.F.R. § 204.5(k)(3)(ii). However, the Director further concluded that"[a] review of the evidence ... does not establish the [P]…
NOV062023_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 06, 2023
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A Relevant Facts and Procedural History With his U petition, the Petitioner submitted a Form 1-918 Supplement B, U NoTmmigrar Status Certification (Supplement B), certified in D 2016 by the District Attorney for County, Pennsylvania (certifying official). In response to Part 3.1 of the Supplement B, which provides check boxes for the 28 qualifying criminal…
NOV062023_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 06, 2023
—
The Applicant does not contest his inadmissibility on appeal and we incorporate the Director's inadmissibility finding here by reference. 1 On appeal the Applicant states that his spouse would suffer extreme emotional, psychological, medical and economic hardship ifhe were denied admission to the United States. An applicant may show extreme hardship in two…