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APR072023_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 07, 2023
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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 high salary, but determin…
APR072023_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 07, 2023
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The record reflects that the Petitioner's criminal history includes the following: (1) a 2003 conviction for driving under the influence of alcohol (DU I); (2) a 2004 DU I conviction and conviction for driving with a suspended license; (3) a 2009 conviction for resisting arrest and public intoxication; (4) a 2011 DU I conviction and conviction for driving w…
APR072023_01D12101
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 07, 2023
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The Applicant, a citizen of South Korea, entered the United States without being inspected, admitted, or paroled, in 2004. In February 2014, the Applicant's T application was approved, and in June 2015, she filed a Form 1-485, Application to Register Permanent Residence or Adjust Status (T adjustment application). In December 2017, the Applicant was sent a…
APR072023_01D7101
Remanded
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 07, 2023
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The record shows that the Petitioner's parent company in Singapore employed the Beneficiary abroad in the offered position of vice president of business development from July 2010 to December 2019, when he transferred to the Petitioner in the United States. U.S. immigration officials admitted him into the country in L-lA nonimmigrant visa status as an execu…
APR072023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 07, 2023
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A. Eligibility for the EB-2 classification The Petitioner states that his proposed endeavor is to work as a general and operations manager, and submitted business plans for two different companies ( a soccer club initially, then an events production business) that he proposes to found and direct as an entrepreneur. In his initial filing, he indicated that h…
APR072023_02D7101
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 07, 2023
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The Director determined that the Petitioner did not establish that it has a qualifying relationship with the Beneficiary's foreign employer. We agree. To establish a "qualifying relationship" under the Act and the regulations, a petitioner must show that the beneficiary's foreign employer and the proposed U.S. employer are the same employer (i.e., one entit…
APR062023_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 06, 2023
—
The record reflects that the Petitioner, a native and citizen of Jordan, married S-P-, 1 a U.S. citizen, in I I 2014, in a civil ceremony. He filed the instant VA WA petition in August 2017 based on the marriage. As evidence of his shared residence, the Petitioner submitted an uncertified 2016 tax return and a lease. The Director noted that the tax return w…
APR062023_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 06, 2023
—
In July 2017, the Petitioner entered the United States without inspection and was placed in the custody of the Office of Refugee Resettlement (ORR) within U.S. Department of Health and Human Services. In September 2017, ORR released him to the care of a paternal aunt. In I I 2021, the State of Arkansas. I I County Circuit Court Probate Division issued an or…
APR062023_01D13101
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 06, 2023
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The sole issue for discussion on appeal is whether the Petitioner qualifies as a bona fide non-profit religious organization. As explained above, the pertinent regulations state that in order for a petitioner to meet this requirement, it must possess a currently valid determination letter from the IRS which confirms that the organization is tax-exempt. In h…
APR062023_01D8101
Remanded
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 06, 2023
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The Beneficiary, who is 33 years-old, indicated in her resume that she is a professional soccer player who has competed for soccer leagues in Spain, Turkey, and Colombia since 2013. She also provided that as a member of the Colombian women's national soccer team she won a gold medal at the 2019 I I and a silver medal at the 20151 I I I Further, she indicate…
APR062023_02C6101
Accepted
v3_no_parsed_rules_gpt52: Accepted
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 06, 2023
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In I 12018, when the Petitioner was 19 years old, thel !Probate and Family Court in Massachusetts (Court) issued an order finding: the Petitioner is not married, the Court has jurisdiction pursuant to Massachusetts General Laws Annotated (Mass. Gen. Laws Ann.), chapter 215, section 6, reunification with the Petitioner's father is not viable due to a history…
APR062023_02D7101
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 06, 2023
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The Petitioner's foreign parent company imports and distributes firearms and related supplies for hunting and target shooting. The Beneficiary worked as the foreign company's international sales manager from May 2018 until he entered the United States as a B-2 nonimmigrant visitor in June 2019. The Beneficiary established the Petitioner as a limited liabili…
APR052023_01A3013
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 05, 2023
—
The issue on appeal is whether the Applicant has established his inability, because of compelling reasons, to return to Pakistan. The record reflects that the Applicant was admitted to the United States in A-2 nonimmigrant status on July 8, 1998, to work for the Pakistani consulate in I I California in the position of consular attache. The Applicant's then-…
APR052023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 05, 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 waiver of the requirement of a job offer, and thus a labor certification, would be in the national interest. The Petitioner initially stated on Form 1-140 that her pro…
APR052023_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 05, 2023
—
As indicated in the above regulation, the Petitioner must establish its continuing ability to pay the proffered wage from the priority date 1 of the petition onward. In this case the proffered wage is $36,000 per year and the priority date is January 20, 2020. In determining a petitioner's ability to pay the proffered wage, USCIS first examines whether the…
APR052023_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 05, 2023
—
A. Relevant Background and Procedural History In 2000, the Applicant filed a Form 1-539, Application to Extend/Change Nonimmigrant Status with two different USCIS offices and included a counterfeit Form 1-20, Certificate of Eligibility for Nonimmigrant Student Status, from different universities with each Form 1-539. One of the Forms 1-539 was approved. In…
APR052023_01H6212
Remanded
v3_no_parsed_rules_gpt52: Accepted
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 05, 2023
—
A. Relevant Background and Procedural History In August 2018, the Applicant filed a VAWA petition, Form 1-485, Application to Register Permanent Residence or Adjust Status (adjustment application) and the instant waiver application. In an affidavit submitted with the VAWA petition, the Applicant detailed the abuse she endured by her U.S. citizen child, O-A-…
APR052023_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 05, 2023
—
The record shows that the Petitioner, a native and citizen of South Korea, earned bachelor and master of public administration degrees in her home country. She worked for the city of I south Korea for nearly 40 years, developing and implementing policies for land administration and geospatial information management. The record shows the Petitioner's develop…
APR042023_01B5203
Remanded
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 04, 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 as either an individual of exceptional ability or as an advanced degree professional. The Petitioner asserted that he qualifies as both an individual of exceptional ability and as a professiona…
APR042023_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Accepted
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 04, 2023
—
In 2021, when the Petitioner was 9 years old, a Texas District Court for I County (District Court) issued a "DEF AULT FINAL ORDER IN SUIT AFFECTING THE PARENT CHILD RELATIONSHIP" (SIJ order), in which the court asserted its jurisdiction over the Petitioner and her older sister; found that they had been subject to parental abuse and neglect under Texas Famil…
APR042023_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 04, 2023
—
The Applicant does not contest that she is inadmissible for fraud or misrepresentation. She falsely stated she was married and employed with the Government of China in her 2015 nonimmigrant visa application and at her consular interview. She seeks a waiver of this ground of inadmissibility. On appeal, the Applicant submits a brief contending that she establ…
APR042023_02B6203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 04, 2023
—
As noted above, the Director concluded that the record does not establish that the Beneficiary is qualified for the position. Specifically, the Director found that the record does not establish the Beneficiary held the required academic degree as of the priority date. For the reasons discussed below, the record does not establish that the Beneficiary is eli…
APR042023_02C6101
Accepted
v3_no_parsed_rules_gpt52: Accepted
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 04, 2023
—
A. Relevant Facts and Procedural History Onl 12017, when the Petitioner was 20 years old, thel I County Family Court in New York issued an order appointing the Petitioner's father as his guardian in guardianship proceedings brought under section 661 of the New York Family Court Act and section 1707 of the New York Surrogate's Court Procedure Act. The order…
APR042023_02D14101
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 04, 2023
—
The Petitioner filed his U petition in April 2016 with a Supplement B signed and certified in March 2016 by a sergeant in thel !Police Department in I Illinois (certifying official). In Part 3.1 of the Supplement B, the certifying official checked a box indicating the Petitioner was the victim of criminal activity involving or similar to "Other" and typed i…
APR032023_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 03, 2023
—
By regulation, the scope of a motion is limited to "the prior decision." 8 C.F.R. § 103.5(a)(l)(i). 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 appeal was based on an incorrect application of law or USCIS policy. We therefore incorporate our prior decisi…