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Showing 3676–3700 of 7923 (page 148 / 317)
APR262023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 26, 2023
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The Director determined that the Petitioner qualifies for the underlying EB-2 classification as a member of the professions holding an advanced degree. 2 Therefore, the primary issue before us 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…
APR262023_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 26, 2023
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The Director concluded the Petitioner did not qualify as an individual of exceptional ability; however, the Director indicated the Petitioner's eligibility 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 a waiver of the requirement of a job offer…
APR252023_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 25, 2023
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The Petitioner is a physician and contends he has a track record of success and sustained national and international acclaim. The Petitioner further stated he is an accomplished gastroenterologist who assumed key positions within distinguished medical and heath institutions. Because the Petitioner has not indicated or shown that he received a major, interna…
APR252023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 25, 2023
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The Director concluded 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. With respect to his proposed endeavor, the Petitione…
APR252023_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 25, 2023
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The Petitioner, a native and citizen of Nigeria, married O-T-, a U.S. citizen, in 2017.2 They filed the instant VA WA petition in September 2020 based on this marriage. In the record before the Director, the Petitioner stated that they met O-T- in February 2017, when they took a church trip to Minnesota. The Petitioner stated that O-T- then came to visit th…
APR252023_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 25, 2023
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The Petitioner, a citizen of India, filed his U petition in November 2016. In the underlying record, the Petitioner submitted a Supplement B certified in May 2016 by a lieutenant in thel !county Sheriff's Office, located inl I South Carolina. According to parts 3.2 and 3.3 of the Supplement B, the date of the criminal act was December 17, 2015, and the crim…
APR252023_01H5212
Remanded
v3_no_parsed_rules_gpt52: Accepted
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 25, 2023
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The Director found the Applicant inadmissible for having committed fraud or material misrepresentation to obtain a visa. The Applicant does not contest this determination on appeal, and it is supported by the record. 1 The remaining issues on appeal are whether the Applicant has demonstrated extreme hardship to her U.S. citizen spouse or LPR mother if the w…
APR252023_01N1201
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 25, 2023
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We begin our analysis by noting once more the high bar the Petitioner faces today. To prevail, he must: (1) demonstrate that he poses no risk to the Beneficiary; and (2) he must do so beyond any reasonable doubt. We will also note once again: (1) that the offense that triggers the Adam Walsh presumption was his admitted violation of Mass. Gen. Laws ch. 265,…
APR252023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 25, 2023
—
The Director's decision did not determine whether the Petitioner qualifies as a member of the professions holding an advanced degree. Instead, the Director only addressed the Petitioner's eligibility for a national interest waiver, which is the sole issue on appeal. 2 The first prong relates to substantial merit and national importance of the specific propo…
APR252023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 25, 2023
—
The Director found that the Petitioner qualifies for EB-2 immigrant classification as a member of the professions holding an advanced degree and that the proposed endeavor has substantial merit. However, the Director concluded that the Petitioner did not establish the national importance of the proposed endeavor or that, on balance, waiving the job offer re…
APR242023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 24, 2023
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The Director did not make a finding as to whether the Petitioner qualifies for the underlying EB-2 immigrant classification and did not clearly make a finding as to whether the Petitioner established that his proposed endeavor has substantial merit. 2 The Director did conclude in his decision that the Petitioner did not establish that a waiver of the job of…
APR242023_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 24, 2023
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A. Relevant Procedural and Factual Background We herein incorporate the relevant facts and procedural history discussed in the Director's January 2021 decision denying the SIJ petition and our decision on appeal. We highlight or add the below facts for our analysis of the instant motion. The record contains an affidavit by the Petitioner which was submitted…
APR242023_01D14101
Remanded
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 24, 2023
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A. Relevant Facts and History The Petitioner filed her U petition in 2016 with a Supplement B signed and certified by the Assistant District Attorney for I North Carolina (certifying official). In response to Part 3.1 of the Supplement B, which provides check boxes for the 28 qualifying criminal activities listed in section 101(a)(15)(U)(iii) of the Act, th…
APR242023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 24, 2023
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The Petitioner intends to work as a security management specialist it the field of construction, claiming qualification as an individual of exceptional ability. As stated above, establishing that a petitioner is an individual of exceptional ability requires satisfaction of at least three of the six categories of evidence listed at 8 C.F.R. § 204.5(k)(3)(ii)…
APR212023_01B4203
Remanded
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 21, 2023
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The Director determined that the Petitioner did not establish that the Beneficiary has been employed abroad, and will be employed in the United States, in a managerial or executive capacity. The Petitioner consistently refers to the Beneficiary's past and intended employment as managerial, and therefore we need not address the requirements for an executive…
APR212023_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 21, 2023
—
The Petitioner, a native and citizen of Nigeria, filed her VA WA petition in February 2020 based on a claim of abuse by her U.S. citizen spouse, A-L-O-E-.1 The Director denied the petition based on a determination that the Petitioner did not submit sufficient evidence to show that she was legally eligible to marry A-L-O-E- because her prior marriage in Nige…
APR212023_01D2101
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 21, 2023
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The Beneficiary earned a U.S. bachelor's degree in business administration from the University of I I California inl I California. 1 We agree with the Director that the Petitioner has not established the Beneficiary's qualifications for the proffered specialty occupation under 8 C.F.R. § 214.2(h)(4)(iii)(C)(])-(3).2 The Beneficiary does not hold a United St…
APR212023_01D7101
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 21, 2023
—
The record shows that the Petitioner's affiliate - a restaurant management company in China employed the Beneficiary as assistant general manager from 2003 to 2019. In 2020, he transferred to the Petitioner in L-lA nonimmigrant visa status to serve as CEO of the U.S. operations. The Petitioner's initial L-lA petition for the Beneficiary authorized him to wo…
APR212023_02B4203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 21, 2023
—
The Director determined that the Petitioner did not establish that the Beneficiary has been employed abroad, and will be employed in the United States, in a managerial or executive capacity. The Petitioner specifically refers to the Beneficiary's past and proposed employment as managerial, and therefore, we need not address the requirements for an executive…
APR212023_02D2101
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 21, 2023
—
A. Motion to Reopen The Petitioner has not provided us with new facts warranting reopening the proceedings here. We interpret "new facts" to mean those that are relevant to the issues raised on motion and that have not been previously submitted in the proceeding. Reasserting previously stated facts or resubmitting previously provided evidence does not const…
APR202023_01A3013
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 20, 2023
—
Although the Director denied the application solely because the evidence did not demonstrate that compelling reasons render the Applicant unable to return to El Salvador, we have identified an additional basis of ineligibility for adjustment of status under Section 13, as the evidence also does not show that the Applicant performed diplomatic or semi-diplom…
APR202023_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 20, 2023
—
The record reflects that the Applicant, a native and citizen of Honduras, was granted U-1 nonimmigrant status from October 201 7 until October 2021, and timely filed her U adjustment application in November 2020. The Director issued a request for evidence (RFE) for the Applicant's birth certificate called Copia de Folio del Libro de Nacimientos, issued by t…
APR202023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 20, 2023
—
We will first address the threshold requirement that the Petitioner must qualify for classification under Section 203(b )(2)(B)(i) of the Act, as a member of the professions holding an advanced degree. The Director determined that while the Petitioner holds the foreign equivalent of a U.S. bachelor's degree in industrial engineering, but he did not establis…
APR202023_01D8101
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 20, 2023
—
The Director determined the Petitioner did not demonstrate the Beneficiary's nomination for, or receipt of, significant national or international awards or prizes under 8 C.F.R. § 214.2(o)(3)(iv)(A). In addition, the Director concluded the Petitioner established the Beneficiary's eligibility for only two criteria, organizations and establishments under 8 C.…
APR202023_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Accepted
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 20, 2023
—
There is no dispute that the Applicant resided in the United States with his U.S. citizen parents as a lawful permanent resident before he was 18 years old. The contested issue on appeal is whether he has demonstrated that he meets the derivative citizenship conditions in section 320(b) of the Act applicable to adopted children. We have reviewed the entire…