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JUN132023_02C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 13, 2023
—
The Petitioner, whose claimed date of birth is inl 11994, entered the United States in September 2013 . As noted in our previous decision, incorporated here by reference, the New York Family Court for I tFamily Court) appointed guardianship of the Petitioner to R-S- 1 in 2015, while the Petitioner was still under the age of21 years. The Family Court also is…
JUN132023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 13, 2023
—
The Petitioner obtained the foreign equivalent of a bachelor's degree in 2003 in Brazil. The Petitioner also provided evidence of at least five years of post-baccalaureate work experience with three companies, from 2003 to 2018. The Petitioner claims that one ofthe companies was in the automotive parts business, although the record is not clear as to the in…
JUN132023_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 13, 2023
—
The Director found that the Petitioner did not establish that he is an individual of exceptional ability, and as such did not establish that he qualifies for EB-2 classification. 2 The Director farther found that the Petitioner did not establish eligibility under any of the three required prongs of the Dhanasar analytical framework, and therefore did not es…
JUN122023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 12, 2023
—
The Director determined that the Petitioner established her eligibility as a member of the professions holding an advanced degree under 203(b)(2)(A) of the Act and the record supports this conclusion.2 Therefore, the sole issue on appeal is whether the Petitioner meets the requirements ofthe three prongs of the Dhanasar analytical framework and otherwise me…
JUN122023_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 12, 2023
—
The Petitioner married J-R-,1 a U.S. citizen, in 2018. In 2021, he filed the instant VAWA petition based on this marriage. The Director denied the petition, concluding, in part, that the Petitioner did not submit sufficient evidence establishing that he married his spouse in good faith. Specifically, the Director noted that the Petitioner's statements and t…
JUN122023_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 12, 2023
—
rLJ2021, when the Petitioner was 19 years old, the Commonwealth of Massachusetts!....______, Probate and Family Court (juvenile court), issued a Judgment ofDependency Pursuant to G.L. c. 119 section 39M (SIJ order). The SIJ order indicated that the Petitioner's father moved to the United States when she 5 years old. The Petitioner lived with her mother unti…
JUN122023_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 12, 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…
JUN092023_01A3013
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 09, 2023
—
The issue on appeal is whether the Applicant has established compelling reasons that render him unable to return to Pakistan. Upon review of the entire record, including the Applicant's statements on appeal, we conclude that he has not. The record reflects that the Applicant was last admitted to the United States in 2005 as an A-2 nonimmigrant to work at a…
JUN092023_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 09, 2023
—
A. Evidentiary Criteria
Because the Petitioner has not established 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 two of the ten evidentiary criteria, that of 8 C.F.R. § 204.5(h)(3)(viii), related to a leadi…
JUN092023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 09, 2023
—
The Petitioner, a native and citizen of Brazil, has a dental surgery degree and post-graduate diplomas in the sub-fields of prosthodontics and implant dentistry. He has more than 20 years of experience as a dentist. From 2012 to 2017, he owned a clinic in Brazil where he specialized in treating complex cases. In 2017, the Petitioner came to the United State…
JUN092023_01B6203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 09, 2023
—
The sole issue before us on appeal is whether the Director properly dismissed the Petitioner's motion to reopen as untimely filed. The record indicates that the Director's decision was issued on August 1, 2022, and that the Petitioner's motion to reopen was received by USCIS 88 calendar days later on
October 28, 2022. Although this is outside of the 33 day…
JUN092023_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 09, 2023
—
In 2016, the Family Court of the State of Rhode Island (Family Court) issued an order (SIJ order), determining, among other findings necessary for SIJ eligibility under section 101(a)(27)(J) of the Act, that the Petitioner was dependent upon his father and committed to his care, reunification with his mother was not viable due to neglect and abandonment, an…
JUN092023_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 09, 2023
—
The Director found the Applicant inadmissible under section 212(a)(6)(C)(i) of the Act for having committed fraud or material misrepresentation to obtain admission to the United States. On appeal, the Applicant notes that they were previously before a judge who informed them their deportation charges had been waived. They argue that bringing back this charg…
JUN092023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 09, 2023
—
The Petitioner studied at._____________ ~---~----__.Brazil, from 2006 to 2010. Letters in the record indicate she worked in Brazil as a financial manager for I I I lfrom July 2007 to January 2011; f01J Ifrom April 2011 to August 2014; and forl Ifrom August 2014 to July 2017. The Petitioner entered the United States as a B-2 nonimmigrant visitor in July 201…
JUN092023_02H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 09, 2023
—
In our prior decision, incorporated here, we determined that the record did not clearly indicate whether the spouse intended to remain in the United States or relocate to the Dominican Republic with the Applicant if he is denied admission, and he therefore had to establish extreme hardship to his spouse both upon separation and relocation. On motion, he now…
JUN082023_01B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 08, 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). Before the Director, the Petitioner claimed he met the following six categories: • (ii), Membership in associations that require outstand…
JUN082023_01B9204
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 08, 2023
—
The record reflects that the Petitioner, a citizen of India, married D-W-,1 a U.S. citizen, in 02017. In June 2018, he filed the instant VAWA petition based on this marriage. As supporting evidence, the Petitioner submitted a marriage certificate, photographs, personal statements, banking records, a copy of a life insurance policy, a copy of a 2017 tax retu…
JUN082023_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 08, 2023
—
A. Relevant Facts and Procedural History In May 201 7, the Petitioner filed her U petition with a Supplement B signed and certified by a Sergeant of Police for thel IIllinois Police Department ( certifying official). The certifying official did not check any of the boxes pertaining to qualifying criminal activities under Part 3 .1, and instead, notated that…
JUN082023_01H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 08, 2023
—
In this case, the Director found that the Applicant made two false claims to U.S. citizenship upon entry into the United States in April 2015: (1) an oral false claim to U.S. citizenship to aCustoms and Border Patrol (CBP) Officer on the date of entry (Day 1); and (2) the presentation of an Arizona Identification Document (ID) to the Officer during the same…
JUN082023_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 08, 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 judging and authorship, but determine…
JUN082023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 08, 2023
—
The record shows that the Petitioner, a native and citizen of Brazil, has a bachelor's degree in physiotherapy and more than five years of experience as a physiotherapist in her home country. She states that she wants to permanently work as a physical therapist in the United States and to eventually establish her own physical therapy clinic in this country.…
JUN082023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 08, 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, which in this case, as an advanced degree professional. The initial cover letter claimed that the Petitioner's eligibility for EB-2 immigrant classification as a member of the professions hold…
JUN082023_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 08, 2023
—
As it relates to 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 provided a "Professional Plan & Statement" reflecting: I intend to continue using my expertise and knowledge in the areas of entrepreneurship, b…
JUN082023_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 08, 2023
—
The only stated ground for denial is that the Petitioner has not established that a waiver of the requirement ofa job offer, and thus a labor certification, would be in the national interest. The Petitioner claims to have earned a bachelor's degree in 2007, and a master's degree in 2009, both in the field of industrial design. The Petitioner stated that, in…
JUN072023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 07, 2023
—
The Director made no determination as to whether the Petitioner qualifies as a member of the professions holding an advanced degree. The decision only addressed the Petitioner's eligibility for a national interest waiver; the Director concluded that the Petitioner had not satisfied any of the three Dhanasar prongs. Therefore, the issue for consideration on…