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Showing 3051–3075 of 7923 (page 123 / 317)
SEP202023_01A3013
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 20, 2023
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Although the Director denied the application solely because the evidence did not demonstrate that compelling reasons render the Applicant unable to return to Sri Lanka, we have identified an additional basis of the Applicant's ineligibility for adjustment of status under Section 13, as the evidence also does not establish that the Applicant's A-1 nonimmigra…
SEP202023_01D13101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 20, 2023
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A. Qualification as a Religious Worker First, we will address the Petitioner's claim that the Beneficiary meets the definition of a minister according to 8 C.F.R. § 214.2(r)(3). On appeal, the Petitioner contends the Director did not consider the organization's guidelines for minister's ordination submitted with the initial filing. The Petitioner claims tha…
SEP202023_01F1101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 20, 2023
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A. Procedural History
The Petitioner filed this orphan petition on behalf of the Beneficiary, a citizen of Nigeria, in January 2020. The Petitioner claimed that the Beneficiary met the definition of an orphan as a child who "has only one sole or surviving parent who is incapable of providing proper care and who has irrevocably released the child for emigrat…
SEP202023_01H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 20, 2023
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The Director of the Nebraska Service Center denied the waiver application, concluding that, although the Applicant had established extreme hardship to his U.S. citizen spouse would result from his continued inadmissibility, he did not merit a waiver as a matter of discretion. The Director found the following favorable factors: (1) evidence that the Applican…
SEP202023_01H6212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 20, 2023
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The Director of the Nebraska Service Center denied the waiver application, concluding that, although the Applicant had established extreme hardship to his U.S. citizen spouse would result from his continued inadmissibility, he did not merit a waiver as a matter of discretion. The Director found the following favorable factors: (1) evidence that the Applican…
SEP202023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 20, 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. For the reasons discussed below, the Petitioner has n…
SEP202023_05B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 20, 2023
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The Director found that the Petitioner qualifies as a member of the professions holding an advanced degree. The sole issue to be determined in this appeal is whether the Petitioner has established that a waiver ofthe requirement ofa job offer, and thus a labor certification, would be in the national interest. The petition was filed on April 26, 2022; theref…
SEP202023_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 20, 2023
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The Petitioner proposes to be amanager and travel advisor for her tourism business.I I I I With respect to the underlying EB-2 classification, the Petitioner initially submitted evidence with the petition to meet five of the six criteria of evidence for exceptional ability. The Director concluded that the Petitioner met one criterion, Iicense or certificati…
SEP202023_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 20, 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…
SEP192023_01B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 19, 2023
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The Petitioner, a Russian native and citizen, is a professional photographer specializing in newborns. She was inspired by Australian photographer Anne Geddes, whose pictures of babies fascinated her as a child. She attended the International Institute of Advertising inl Iand, after gaining experience in the fashion industry, opened her own modeling agency.…
SEP192023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 19, 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 before us is whether the record establishes that a waiver of the job offer requirement, and thus of a labor certification, would be in the national intere…
SEP192023_01B6203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 19, 2023
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USCIS cannot approve a visa petition for a noncitizen who attempted or conspired to enter into a marriage "for the purpose ofevading the immigration laws." Section 204( c) of the Act. Even iflegally valid where it occurred, a marriage "entered into for the primary purpose of circumventing the immigration laws" permanently bars approval of a visa petition. M…
SEP192023_03C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 19, 2023
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A. Relevant Factual and Procedural History Inl 12022, when the Petitioner was 18 years old, the Juvenile and Domestic Relations District Court of the County I Iin Virginia (District Court) issued a Custody Order, placing the Petitioner under the sole legal and physical custody of his mother. The District Court specified that it"has proper jurisdiction over…
SEP182023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 18, 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…
SEP182023_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 18, 2023
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The issue on appeal is whether the Applicant is inadmissible under section 212(a)(2){A) of the Act for having been convicted of a crime involving moral turpitude. The Applicant had three convictions: • Two convictions in 2010 for petty theft under Fla. Stat. § 812.014 which are both first degree misdemeanors; and, • One conviction in 2011 for disorderly con…
SEP182023_02B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 18, 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 l&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…
SEP182023_02H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 18, 2023
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After the Applicant established she had a qualifying relative for the waiver, the Director of the St. Louis, Missouri Field Office denied the waiver, concluding that, although the Applicant had established extreme hardship to her U.S. citizen mother would result from her continued inadmissibility, she did not merit a waiver as a matter of discretion. On app…
SEP182023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 18, 2023
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A. Motion to Reconsider
1. The Beneficiary's 2010 Nonimmigrant Visa Application
To demonstrate the Beneficiary's qualifying experience for the offered position ofsenior Java software engineer, the Petitioner must establish that, by the petition's February 5, 2008 priority date, he gained at least two years of experience in the job offered or as a programme…
SEP182023_03H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 18, 2023
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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 section 212(i) of the Act and, if so, whether he merits t…
SEP182023_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 18, 2023
—
The
Petitioner submitted certified English translations ofhis academic transcripts and degree from the' along with an educational evaluation that states that the ~---------------~ Petitioner's "Bacharelado" in "Comunicac;ao Social" is equivalent to a U.S. bachelor's degree in social communication. In addition, the Petitioner provided employment letters show…
SEP182023_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 18, 2023
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A. EB-2 Visa Classification
The Petitioner claims to qualify for EB-2 classification as an individual of exceptional ability. However, the Director did not make a finding as to whether the Petitioner qualifies as an individual of exceptional ability. The Petitioner acknowledges this on appeal but does not address the underlying EB-2 visa classification and…
SEP182023_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 18, 2023
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A. Member of the Professions Holding an Advanced Degree In order to show that a beneficiary holds a qualifying advanced degree, the pet1t10n 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…
SEP152023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 15, 2023
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A. The Petitioner's Assertions
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 ofDhanasar. The Director determined the record did not clearly establish that the Petitioner was well positioned to advance the proposed endeavor. And the Direct…
SEP152023_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 15, 2023
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The
Petitioner, a citizen and national ofNigeria, entered the United States in October 2016 as a visitor. Inl 12017, the Petitioner married J-M-1, a U.S. citizen, and filed the current VAWA petition based on that relationship. As evidence of battery or extreme cruelty the Petitioner submitted a personal statement to the Director. In his personal statement t…
SEP152023_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 15, 2023
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As an initial issue on appeal, counsel contests the Director's finding of inadmissibility, asserting that the Applicant's offense now falls within the petty offense exception due to a change in his conviction record from a felony to a misdemeanor, such that the maximum possible sentence is less than a year due to a change in California law. See Section 212(…