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MAY162023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 16, 2023
—
The Petitioner claims eligibility for both types ofEB-2 classification, as a member ofthe professions with an advanced degree and as an individual of exceptional ability. The Director's decision focuses entirely on the issue of the national interest waiver, and includes no dete1mination as to whether the Petitioner qualifies for EB-2 classification. It is n…
MAY162023_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 16, 2023
—
A. Willful Misrepresentation of a Material Fact Misrepresentations are willful ifthey are "deliberately made with knowledge oftheir falsity." Matters of Valdez, 27 I&N Dec. 496, 498 (BIA 2018) (citations omitted). A misrepresentation is material when it has a "natural tendency to influence, or [be] capable of influencing, the decision of the decision-making…
MAY162023_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 16, 2023
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In support of reopening, the Applicant submitted new evidence. He provided medical reports for his spouse, a letter from a licensed clinical social worker who has treated his spouse, a letter from one of his spouse's treating physicians, and personal statements from himself and his spouse. However, the evidence on the record, including new evidence submitte…
MAY162023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 16, 2023
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The primary issue to be addressed is whether the Petitioner established that he is eligible for EB-2 classification as a member of the professions possessing an advanced degree. The Petitioner initially claimed eligibility for classification under section 203(b)(2) ofthe Act as both an advanced degree professional and as individual of exceptional ability in…
MAY162023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 16, 2023
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A Exceptional Ability
The Petitioner asserted that he meets at least three of the regulatory criteria for classification as an individual of exceptional ability. In denying the petition, the Director determined that the Petitioner fulfilled only the academic record criterion at 8 C.F.R. § 204.5(k)(3)(ii)(A) and the membership criterion at 8 C.F.R. § 204.5(k…
MAY162023_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 16, 2023
—
The Director determined that the Petitioner was eligible for the underlying EB-2 classification as a member of the professions holding an advanced degree. As the record includes a copy of the Petitioner's diploma and transcripts froml !University which show that he earned a Master of Science degree in business research in May 2021, we agree. Therefore the s…
MAY162023_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 16, 2023
—
The Petitioner qualifies for EB-2 classification as an advanced de rofessional based upon her master of science degree in speech and hearing science from tate niversity, which she obtained in 2015. The Petitioner states that in 2018 she enrolled at University in a Ph.D. program in urban education, which was in progress at the time of filing the petition, an…
MAY152023_01B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 15, 2023
—
A. Willful Misrepresentation of a Material Fact Upon review of the initial filing the Director issued a notice of intent to deny (NOID) the petition. The sole issue raised in the NOID was whether the Petitioner willfully misrepresented material facts in a previously filed Form I-140, Immigrant Petition for Alien Worker , requesting classification of the Pet…
MAY152023_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 15, 2023
—
The Petitioner indicated on page 6 of her petition that she invested $315,000 1 in ______ the new commercial enterprise (NCE), from June 20, 2019 to August 22, 2019. The Petitioner also indicated on pages 6 and 7 of her petition that the NCE is owned by the Petitioner (90%) and 1 On March 15, 2022, President Joe Eiden signed the EB-5 Reform and Integrity Ac…
MAY152023_01D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 15, 2023
—
The Applicant, a native of Afghanistan and a citizen of Germany, was last admitted into the United States in February 2018 as an F-1 nonimmigrant student. In January 2020, the Applicant filed the instant T application, asserting that she was the victim of labor and sex trafficking by her domestic partner, V-P-. 1 In our prior decision dismissing the Applica…
MAY152023_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 15, 2023
—
On motion, the Petitioner submits an updated Supplement B, wherein the certifying official indicates the Petitioner was the victim ofa felonious assault, and that robbery with a firearm under section 14-87 of the N.C. Gen. Stat. Ann. was the criminal activity investigated or prosecuted. The Petitioner claims that we erred in our previous decision by not com…
MAY152023_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 15, 2023
—
The Applicant was found to be inadmissible by a U.S. Department of State (DOS) consular officer under section 212(a)(2)(A)(i) of the Act for being convicted of two crimes involving moral turpitude. Specifically, the Applicant was convicted in974 of causing a disturbance under section 171 ofthe Criminal Code of Canada (CCC) and inc=]1996 of forcible confinem…
MAY152023_01H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 15, 2023
—
The Applicant does not contest his inadmissibility, as described in the Director's decision, which we incorporate here. The Applicant and his spouse met in August 2014, shortly after both came to the United States from China, and they married in I I 2019. They have resided together since 2015, along with the spouse's U.S. citizen son from a prior marriage.…
MAY152023_02D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 15, 2023
—
A. Relevant Facts and History The Petitioner filed his U petition in 2016 with a Supplement B signed and certified in June 2016 by the District Attorney for !County, Pennsylvania (certifying official). The certifying official indicated that the Petitioner was the victim of criminal activity involving or similar to "Extortion,""Attempt," and "Other: Robbery.…
MAY122023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 12, 2023
—
The Petitioner, a native and citizen of Brazil, proposes to work as an agricultural sales representative at his own U.S. company, which he formed in 2020. 1 The company would market and export U.S. agricultural products -such as fertilizer and potatoes -to Brazil. The business would also import Brazilian agricultural products - such as coffee, lumber, ginge…
MAY122023_01B9204
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 12, 2023
—
The record reflects that the Petitioner, a native and citizen of Mongolia, last entered the United States in May 2019 on a nonimmigrant fiancee visa, and married her U.S. citizen spouse, B-B-J-, 1 in Illinois in 2019. She filed the instant VAWA petition in February 2020 based on a claim of battery and extreme cruelty by B-B-J-. A. Eligibility for Immigrant…
MAY122023_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 12, 2023
—
The Applicant does not contest his inadmissibility, as described in the Director's decision, which we incorporate here. The Applicant must demonstrate that denial of the application would result in extreme hardship to a qualifying relative or relatives, in this case his U.S. citizen spouse. An applicant may show extreme hardship in two scenarios: 1) ifthe q…
MAY122023_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 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. The Director denied the petition, concluding that whi…
MAY122023_05B5203
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 12, 2023
—
The Director found that the Petitioner qualified 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 of a labor certification, would be in the national interest. At the time of filing, the Petitioner was a post-doctoral…
MAY122023_06B5203
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 12, 2023
—
The Petitioner described their plans to advance their proposed endeavor in probative detail. Chiefly, the Petitioner intends to develop novel energy production and storage technologies under the auspices of a graduate research assistant position they held whilst pursuing their Ph.D. at the University of I land a future post-doctoral research fellowship at t…
MAY122023_08B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 12, 2023
—
The Petitioner seeks to work as a marketing manager. The Director concluded that the Petitioner qualifies as an advanced degree professional, but that neither she nor her proposed endeavor meet any of the three prongs of the Dhanasar test. In her initial Form 1-140, the Petitioner stated that she would work in the United States as a marketing manager and li…
MAY112023_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 11, 2023
—
The issue before us is whether the Petitioner has submitted new facts to warrant reopening or has established that our decision to dismiss the prior combined motion was based on an incorrect application of law or USCIS policy. We incorporate all our prior decisions by reference and will repeat only certain facts and evidence as necessary to address the Peti…
MAY112023_01C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 11, 2023
—
A. Relevant Facts and Procedural History In 2021, when the Petitioner, a native and citizen of Guatemala, was 17 years old, the District Court of the 264th Judicial District inl ITexas (District Court) issued an order entitled Order in Suit Affecting Parent-Child Relationship and Declaratory Judgement (SAPCR order). The SIJ order states, in pertinent part,…
MAY112023_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 11, 2023
—
A. Relevant Background and Procedural History
In
approximately 1990, the Applicant entered the United States without being inspected, admitted, or paroled. In 1993, the Applicant was placed in removal proceedings and in 1998, an Immigration Judge granted him voluntary departure. U.S. Citizenship and Immigration Services (USCIS)' records indicate that the A…
MAY112023_02C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 11, 2023
—
A. Relevant Facts and Procedural History In 2021, when the Petitioner, a native and citizen of Guatemala, was 16 years old, the District Court of the 264th Judicial District inl ITexas (District Court) issued an order entitled Order in Suit Affecting Parent-Child Relationship and Declaratory Judgement (SAPCR order). The SIJ order states, in pertinent part,…