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Showing 3701–3725 of 7923 (page 149 / 317)
APR202023_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 20, 2023
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As an initial matter, the record supports the Director's undisputed determination that the Applicant is inadmissible under 212(a)(6)(C)(i) of the Act for fraud or willful misrepresentation.1 The only issue before us is whether she has shown extreme hardship to her spouse if she is denied admission for purposes of establishing eligibility for a waiver of ina…
APR202023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 20, 2023
—
We first note that, in the decision, the Director did not address whether the Petitioner qualifies for second-preference classification as either a member of the professions holding an advanced degree or as an individual of exceptional ability. See section 203(b )(2) of the Act. Similarly, the Director addressed evidence relating to second-preference classi…
APR192023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 19, 2023
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The Director found that although the Petitioner met three of the six categories of evidence at 8 C.F.R. § 204.5(k)(3)(ii), 1 the totality of the evidence did not establish that he has a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business. On appeal, the Petitioner contends that he meets the remaining criter…
APR192023_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 19, 2023
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The regulation at 8 C.F.R. § 204.5(1)(3)(ii)(D) requires that a petition filed under this classification must be accompanied by evidence a beneficiary "meets any educational, training and experience, and other requirements of the labor certification." In section H.14 of ETA Form 9089, the Petitioner listed the proffered petition's "Specific skills or other…
APR192023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 19, 2023
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The Petitioner is an analyst in the field of quantitative analytics. She earned a Ph.D. in economics from University in 2020, and is currently employed as a quantitative analytics senior with the She proposes to develop novel mathematical models in order to accurately analyze real-life data and generate improved economic forecasts. The Director determined t…
APR182023_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 18, 2023
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The Applicant is a citizen of Mexico who entered the United States without inspection, admission, or parole in 1995. In December 2013, the Applicant filed her U petition as a victim of domestic violence. With her U petition, the Applicant also submitted a Form 1-192, Application for Advance Permission to Enter as Nonimmigrant (waiver application). According…
APR182023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 18, 2023
—
As indicated above, the Petitioner must first meet at least three of the regulatory criteria for classification as an individual of exceptional ability. See 8 C.F.R. § 204.5(k)(3)(ii)(A)-(F). In denying the petition, the Director determined that the Petitioner fulfilled only two of the criteria. On appeal, the Petitioner maintains that he meets an additiona…
APR182023_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 18, 2023
—
A. Relevant Facts and Procedural History In 2016, when the Petitioner was 20 years old, the New York Family Court forl I County (Family Court) appointed guardianship of the Petitioner to M-S- 2, finding that it "shall last until the [Petitioner's] 21st birthday." On the same date, the court also issued a separate order (SIJ order), which determined, among o…
APR182023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 18, 2023
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A. Evidentiary Criteria for Exceptional Ability Although the Director concluded the Petitioner meets three of the evidentiary criteria, we withdraw that finding and conclude the Petitioner meets only one of the required criteria.4 While we do not discuss each piece of evidence individually, we have reviewed and considered each one. An official academic reco…
APR182023_02D14101
Remanded
v3_no_parsed_rules_gpt52: Accepted
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 18, 2023
—
A. Relevant Facts and Procedural History The Petitioner filed his U petition in October 2015 with a Supplement B signed and certified by a supervising deputy district attorney in the Office of the I I District Attorney2 in California ( certifying official). The certifying official checked a box indicating that the Petitioner was the victim of criminal activ…
APR182023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 18, 2023
—
The Director found that the Petitioner did not establish that the Beneficiary qualifies for the EB-2 immigrant classification, either as an advanced degree professional or an individual of exceptional ability, and further that the Petitioner did not establish that the Beneficiary is eligible for a waiver of the classification's job offer requirement. A. Qua…
APR172023_01B4203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 17, 2023
—
The Petitioner asserts that it is the subsidiary of a similarly-named company in Brazil, which has employed the Beneficiary as its chief commercial officer since November 2015. The Beneficiary has spent most of his time in the United States since August 2019, first as a B-2 nonimmigrant visitor and then, since November 2019, as an L-IA nonimmigrant working…
APR172023_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 17, 2023
—
We herein incorporate the relevant facts and procedural history discussed in our decision on appeal and highlight the below facts for our analysis of the instant motion. lnl I 2018, thel I County Juvenile and Domestic Relations District Court for the Commonwealth of Virginia (court) entered a temporary order (order) placing the Petitioner in the custody of…
APR172023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 17, 2023
—
The Director determined that the Petitioner did not meet any of the three prongs of the Dhanasar framework. On appeal, the Petitioner asserts that, rather than applying the governing standard of review, preponderance of the evidence, 3 the Director "imposed novel substantive and evidentiary requirements beyond those set forth in regulations." While we agree…
APR172023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 17, 2023
—
A. Eligibility as a Member of the Professions Holding an Advanced Degree To establish eligibility for this classification as a member of the professions holding an advanced degree, a petitioner must submit an official academic record of an advanced degree or an official academic record of a baccalaureate degree along with letters from current or former empl…
APR172023_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 17, 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…
APR172023_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 17, 2023
—
The Petitioner, a native and citizen of Argentina, indicated that he was a member of the professions holding an advanced degree because he had earned a doctorate in business and administration, a master's degree in strategic marketing, and a bachelor's degree in public accounting. The Petitioner stated that he is employed at an Argentine university as a pro…
APR172023_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 17, 2023
—
The Director concluded the Petitioner qualifies for second preference immigrant classification as an individual of exceptional ability. Accordingly, the remaining issue to be determined on appeal is whether the Petitioner has established a waiver of the requirement of a job offer, and thus a labor certification, would be in the national interest. The first…
APR142023_01B2203
Remanded
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 14, 2023
—
The Petitioner did not indicate, and the record does not establish, that she has received a major, internationally recognized award pursuant to 8 C.F.R. § 204.5(h)(3). The Petitioner must therefore demonstrate her eligibility under at least three of the alternate regulatory criteria at 8 C.F.R. § 204.5(h)(3)(i)-(x). The Petitioner claims to meet four criter…
APR142023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 14, 2023
—
A. Willful Misrepresentation of a Material Fact The Director revoked the petition's approval because the Petitioner willfully made material misrepresentations of their present professional activities. 1 This material misrepresentation casts doubt on the Petitioner's proposed endeavor of providing industrial engineer consulting services in the area of occupa…
APR142023_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 14, 2023
—
The record reflects that the Petitioner married B-B-1 in Senegal, prior to her entry into the United States in 1996. After arriving in the United States, B-B- became an LPR in 2004. The Petitioner filed the instant VAWA petition in September 2018 based on a claim of battery and extreme cruelty by B-B-. Prior to issuing a decision, the Director issued a requ…
APR142023_01C1101
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 14, 2023
—
Subsequent to the filing of the Forms I-360 and I-485, the Director issued a request for evidence (RFE) to demonstrate that the Petitioner was resident and physically present in the United States for (1) periods totaling at least one-half of the seven years before the date of application for a visa or adjustment of status and (2) for a period or periods agg…
APR142023_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 14, 2023
—
The Petitioner, a native and citizen of Guatemala, filed his U petition on November 22, 2016. With his U petition, the Petitioner submitted a Supplement B signed on February 9, 2016, by an official from the I I Police Department ( certifying agency). The Director issued a request for evidence (RFE) on February 4, 2022, which provided that the Supplement B w…
APR142023_01H5212
Remanded
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 14, 2023
—
The Director determined that the Applicant is inadmissible under section 212(a)(6)(C)(i) of the Act. The Applicant does not contest this determination, and it is supported by the record.1 In order to establish eligibility for a waiver under section 212(i) of the Act, the Applicant must first demonstrate that denial of the application would result in extreme…
APR142023_02E2309
Remanded
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 14, 2023
—
The Director determined that the Applicant had not shown that her U.S. citizen mother, N-G-G- , 1 was physically present in the United States for a continuous period of one year before the Applicant's birth, as section 309( c) of the Act requires. The Director noted that although the Applicant submitted 1 We use initials to protect identities.
affidavits f…