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Showing 3926–3950 of 7923 (page 158 / 317)
MAR062023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 06, 2023
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The Director determined that the Petitioner was a member of the professions holding an advanced degree. 2 The remaining issue to be determined is whether the Petitioner qualifies for a national interest waiver under the Dhanasar framework. The Petitioner's academic background includes his undergraduate and graduate degrees, as well as coursework in environm…
MAR062023_01D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 06, 2023
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The Applicant, a 37-year-old native and citizen of Zambia, first entered the United States in the late 1990s on a culturally unique artist (P3) visa. In September 2006, the Applicant left the United States
and reentered on a P3 visa, which was valid until March 2007. In April 2012, the Applicant's spouse filed Form 1-130, Petition for Alien Relative, on hi…
MAR062023_01H4212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 06, 2023
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The record reflects that the Applicant enter the United States without inspection in 1998. In 2006, he was placed in removal proceedings, and in 2008, he was ordered removed.1 In denying the Form 1-212, the Director acknowledged two favorable factors, the Applicant's marriage to his U.S. citizen spouse and their two U.S. citizen children, but did not afford…
MAR062023_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 06, 2023
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The Applicant does not contest his inadmissibility, as described in the Director's decision, which we incorporate here. The Applicant's spouse states that the Applicant has a close relationship with her and their two children. She stated the Applicant has a good job as an environmental services tech and that the Applicant is the handyman, mechanic, and land…
MAR062023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 06, 2023
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The Director issued a request for evidence (RFE) containing conflicting and confusing statements about whether the Petitioner had established eligibility as an advanced degree professional. In addition, the Director did not provide analysis of the Petitioner's eligibility for the underlying EB-2 classification when issuing the decision. In our de nova revie…
MAR062023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 06, 2023
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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 advanced degree professional or an individual of exceptional ability. Here, the Petitioner asserted that he qualifies as an individual of exceptional ability, and submitted suppor…
MAR062023_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 06, 2023
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The issue before us is whether the Petitioner has submitted new facts to warrant reopening. We therefore incorporate our prior decision by reference and will repeat only certain facts and evidence as necessary to address the Petitioner's claims on motion. Motions for the reopening of immigration proceedings are disfavored for the same reasons as are petitio…
MAR032023_01B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 03, 2023
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The Petitioner is currently a post-doctoral researcher at the University of I I where she works in the field of biomolecular computational modeling. She earned a Ph.D. in strnctural and computational biology and molecular biophysics froml !University in 2015, and has worked in her current position since. She intends to continue conducting research in her fi…
MAR032023_01B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 03, 2023
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A. Member of the Professions Holding an Advanced Degree The Director's decision did not address if the Petitioner qualifies as a member of the professions holding an advanced degree. To qualify as a member of the professions, an individual must meet "one of the occupations listed in section 101(a)(32) of the Act, as well as any occupation for which a United…
MAR022023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 02, 2023
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A petitioner must demonstrate a beneficiary's possession of all DOL-certified job requirements of an offered position by a petition's priority date. Matter of Wing's Tea House, 16 I&N Dec. 158, 160 (Acting Reg'l Comm'r 1977). This petition's priority date is February 5, 2008, the date DOL accepted the Petitioner's labor certification application for process…
MAR022023_01C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 02, 2023
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A Relevant Factual and Procedural History In I 12016, the Family Court of I I County, New York (Family Court) issued an order entitled Order-Special Juvenile Status {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 the Family Court, reunification with h…
MAR022023_01D7101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 02, 2023
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A petitioner seeking to employ a beneficiary as a manager or executive of a new office must establish that the new office will support an executive or managerial position within one year of approval of the petition. The Petitioner must establish the proposed nature of the office, describing its scope, organizational structure, and financial goals; the size…
MAR022023_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 02, 2023
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The issue on appeal is whether the Applicant has met his burden of proof to establish that he fulfilled all of the requirements in section 320 of the Act to derive U.S. citizenship from his father. Upon review of the entire record and the Applicant's statements on appeal, we conclude that he has not met that burden. As stated, the record contains two birth…
MAR022023_01L3245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 02, 2023
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The issue on appeal is whether the Applicant has demonstrated that her temporary resident status was improperly terminated on the grounds identified by the Director. The record reflects that the Applicant was granted temporary resident status in 2008 when USCIS approved the Form 1-687 she filed in 2005 pursuant to the CSS/Newman (LULAC) settlement agreement…
MAR022023_02B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 02, 2023
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The Petitioner, a native and citizen of Nigeria, filed her VAWA petition in December 2019 based on her marriage to K-W-, 1 a U.S. citizen. The Director denied the petition, determining that the Petitioner had not demonstrated that she and K-W- had resided together, as required. Specifically, the Director explained that the record reflected that her primary…
MAR022023_02E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 02, 2023
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There is no dispute that the Applicant fulfilled some of the conditions for derivative citizenship under former section 32l(a)(3) of the Act; specifically, the record reflects that the Applicant was under the 4 Her mother did not naturalize until 2007, when the Applicant was 29 years of age. The Applicant does not claim eligibility to derive citizenship thr…
MAR022023_03B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 02, 2023
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A. Relevant Procedural History and Background The Petitioner entered the United States in January 2004 on a student visa at the approximate age of 31. In 2005, the Petitioner married V-R-,1 who filed Form 1-130, Petition for Alien Relative, on his behalf in July 2005. The Petitioner concurrently filed a Form 1-485, Application to Register Permanent Residenc…
MAR022023_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 02, 2023
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The Petitioner indicated on its ETA Form 9089, Application for Permanent Employment Certification, that the position of education administrator requires a master's degree in business administration, with no alternate field of study or combination of education and experience being acceptable. The record shows that the Beneficiary earned a Master of Business…
MAR012023_01B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 01, 2023
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The Petitioner is currently employed by Amazon in a position titled Senior Product Manager, Technical. He is a packaging engineer specializing in pharmaceutical packaging. The record includes documentation to demonstrate his achievements and innovations while employed by several manufacturing companies and while working atl I State University. The Petitione…
MAR012023_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 01, 2023
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In our appellate decision, we determined that the record did not establish the lawful source of the funds the Petitioner remitted to the NCE as his EB-5 investment. We based our determination on the following reasons. First, the Petitioner's bank statements showed that some of the funds he remitted to the NCE derived from deposits he received with the "Tran…
MAR012023_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 01, 2023
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The Petitioner filed his Form I-918 with Supplement B in 2015 seeking U nonimmigrant classification based on having been the victim of a battery under section 242 of the California Penal Code (Cal. Penal Code) in two separate incidents in 2011. The Director concluded that the Petitioner was the victim of battery under section 242 of the Cal. Penal Code, but…
MAR012023_01E2309
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 01, 2023
—
The issue on appeal is whether the Applicant has demonstrated that her father was physically present in the United States for five years before02005 and that at least two of those years were after his 14th birthday in I 197 3. The Director determined generally that the evidence, which included the father's Certificate of Naturalization, as well as copies of…
MAR012023_01M1244
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 01, 2023
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The only issue on appeal is whether the Applicant has met his burden of proof to establish that he does not have disqualifying criminal convictions for TPS purposes. The Director previously issued a request for evidence (RFE) advising the Applicant that his fingerprint record revealed arrests and charges for misdemeanor offenses; specifically: 1. In 2017 th…
MAR012023_02A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 01, 2023
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The Applicant, a native and citizen of Guatemala, entered the United States without inspection in April 1999. She filed a Form 1-918, Petition for U Nonimmigrant Status, in November 2013 with a Supplement B, from the police chief of the I !Police Department. The Applicant was granted U nonimmigrant status from May 201 7, until May 2021. The Applicant filed…
MAR012023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 01, 2023
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A. Advanced Degree Professional
The Petitioner initially claimed that he is a member of the professions holding an advanced degree in electrical engineering because he holds the equivalent of a U.S. bachelor's degree in electrical engineering and because he had over 10 years of foll-time experience. The Director determined that the Petitioner is ineligible…