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FEB162023_01B2203
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 16, 2023
—
A. Evidentiary Criteria
Because the Petitioner has not indicated or established that he 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). While we do not discuss each piece of evidence individually, we have reviewed and considered each one. The Petitioner…
FEB162023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 16, 2023
—
USCIS approves a petition if "the facts stated in the petition are true" and a beneficiary qualifies for the requested immigrant visa category. Section 204(b) of the Act. A petition includes any supporting evidence - including a labor certification. 8 C.F.R. § 103.2(b)(l). Thus, USCIS cannot approve a petition if the facts stated on an accompanying labor ce…
FEB162023_01D9101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 16, 2023
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A. Introduction
The Petitioner operates as a martial arts school specializing in Brazilian Jiu-Jitsu (BJJ) instructional programs. Page 4 of the petition indicates that the Petitioner seeks to employ the Beneficiary as a"Professional Athlete."1 The record indicates that since at least 2012, the Beneficiary has competed in BJJ tournaments in Brazil and the U…
FEB162023_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 16, 2023
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The Director denied the Applicant's Form N-600 and subsequent motion to reopen and reconsider, concluding that the Applicant had not shown that his date of birth was in 1992 and that he therefore had been under 18 years of age at the time of his mother's January 2008 naturalization, as claimed. Instead, the Director determined that the evidence in the Appli…
FEB162023_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 16, 2023
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A. Relevant Factual and Procedural Background The Applicant entered the United States on a student visa in 2007. lnl 12012, the Applicant was arrested and charged with violating New Jersey Statutes Annotated (N.J. Stat. Ann.) sections 2C:3510a, Possession [of a Controlled Dangerous Substance], 2C:36-2, Use or Possession with Intent to Use Paraphernalia, and…
FEB162023_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 16, 2023
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The Beneficiary earned a doctoral degree in "real time, robotic, and automated informatics" from I I of Paris and currently serves as a product manager working on artificial intelligence projects for the Petitioner. While we do not discuss each piece of evidence, we have reviewed and considered each one.
A. Evidentiary Criteria
Because the Petitioner has n…
FEB162023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 16, 2023
—
The record reflects that the Petitioner qualifies as a member of the professions holding an advanced degree. The Director also determined that the Petitioner had established that the proposed endeavor met the substantial merit portion of the first prong set forth in the Dhanasar analytical framework. However, for the reasons discussed below, the Petitioner…
FEB162023_02H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 16, 2023
—
The issues on appeal are whether the record establishes that the Applicant is inadmissible for fraud or misrepresentation and if so, whether the Applicant has demonstrated that her application under section 212(i) of the Act to waive her inadmissibility merits a favorable exercise of discretion. In support of the application, the Applicant submitted affidav…
FEB162023_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 16, 2023
—
As a preliminary matter, the Petitioner alleges on appeal that the Director "did not apply the proper standard of proof in this case, instead imposing a stricter standard ... to [his] detriment." Except where a different standard is specified by law, the "preponderance of the evidence" is the standard of proof governing immigration benefit requests. See Mat…
FEB152023_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 15, 2023
—
The Petitioner competes in the two martial arts disciplines of sombo wrestling and judo. The Petitioner outlined his achievements to include, in part, winning the I lat the World Sombo Championship in and obtaining! in the Judo International Tournament in The Petitioner stated that he accomplished numerous achievements in his field of expertise which have b…
FEB152023_01B6203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 15, 2023
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An application for Schedule A designation of a skilled worker position must demonstrate that the job requires at least two years of training or experience. 8 C.F.R. § 204.5(1)(2), (4). "Relevant post secondary education may be considered as training for the purposes of this provision." 8 C.F.R. § 204.5(1)(2) ( defining the term "skilled worker"). The Petit…
FEB152023_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 15, 2023
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A. Relevant Facts and Procedural History The Petitioner filed her Form 1-918 in 2016 after her partner and the father of her children was murdered in 2013 during an armed robbery at a gas station. Evidence submitted in support of the Petitioner's Form I-918 indicated that the Petitioner's partner was shot during a robbery at a gas station and that he died s…
FEB152023_02H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 15, 2023
—
The Applicant is currently in the United States and seeks advance permission to reapply for admission pursuant to the regulation at 8 C.F.R. § 212.2(j) before he departs. The Applicant does not contest he will be inadmissible under section 212(a)(9)(A)(ii) of the Act upon departure because he was previously ordered removed. The only issue - initially before…
FEB152023_03B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 15, 2023
—
The Petitioner asserted that he first met his spouse, C-T,1 in May 2018 through a mutual friend, and they were married in 2018. He stated that he was unaware of C-T's drug use and other"bad habits" until after they were married. He contends that C-T-abandoned him in 2019. Prior to issuing a decision, the Director issued a Request for Evidence (RFE) seeking…
FEB142023_01A6245
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 14, 2023
—
The Applicant, a native and citizen of Guatemala, was granted U-2 nonimmigrant status from May 2017 to May 2021. The Applicant timely filed the instant U adjustment application in August 2020. In the decision below, the Director determined that the Applicant had not complied with 8 C.F.R § 245 .24( d)( 5) because she did not provide a copy of all pages of h…
FEB142023_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 14, 2023
—
The Petitioner contends that her field of extraordinary ability is technology-focused journalism with a focus on "tecklash" (backlash to technology), and she wrote a book geared toward academics that"examines the history and the powershifts and uncovers the root cause of the backlash against Big Tech." She also has made research findings regarding the impac…
FEB142023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 14, 2023
—
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 her undergraduate degree in civil engineering and graduate coursework in…
FEB142023_01D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 14, 2023
—
In January 2008, the Applicant was admitted to the United States as an H-2B temporary non agricultural worker. In November 2017, he filed a T application, wherein he asserted that upon his arrival into the United States, he became a victim of a trafficking scheme and managed to escape his traffickers in March 2008. The Director determined that the Applican…
FEB142023_01D2101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 14, 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…
FEB142023_01D8101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 14, 2023
—
Because the Petitioner did not indicate or establish that the Beneficiary has received a major, internationally recognized award, it must demonstrate that the Beneficiary satisfies at least three of the alternate regulatory criteria at 8 C.F.R. § 214.2(o)(3)(iii)(B)(])-(8). The Director determined that the Beneficiary fulfilled only one criterion, awards at…
FEB142023_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 14, 2023
—
The issue presented on appeal is whether the Applicant is eligible to obtain permission to reapply for admission to the United States. The record reflects that in 1995, the Applicant entered the United States without being inspected, admitted, or paroled. lnl 11997, he was placed in removal proceedings, and an Immigration Judge granted him voluntary departu…
FEB142023_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 14, 2023
—
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). Before the Director, the Petitioner claimed he met five of the regulatory criteria. The Director decided that the Petitioner did not sati…
FEB142023_02B4203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 14, 2023
—
The Beneficiary has been the owner and sole proprietor of a construction company in Pakistan since 2001. In 2014, the Beneficiary entered the United States as an L-lA nonimmigrantintracompany transferee to serve as president of the petitioning entity. The Petitioner asserts that the Beneficiary has continued to run the construction company abroad after she…
FEB142023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 14, 2023
—
The Director found that the record does not establish the Petitioner qualifies as a member of the professions holding an advanced degree or, in the alternative, as an individual of exceptional ability. Specifically, although the Director found that "the [P]etitioner has received the foreign equivalent degree of a U.S. bachelor's degree in Civil Engineering"…
FEB142023_02H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 14, 2023
—
The issue presented on appeal is whether the Applicant should be granted permission to reapply in the exercise of discretion. The Applicant does not contest the Director's finding that he is inadmissible under section 212(a)(9)(A) of the Act. This finding is supported by the record, which reflects that the Applicant entered the United States without inspect…