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Showing 4101–4125 of 7923 (page 165 / 317)
JAN302023_02B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 30, 2023
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After a careful review of the entire record, we find that the Petitioner has not established a qualifying marital relationship as he has not provided sufficient proof of the legal termination of his first marriage, as required. 1 https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Nigeria.html 2 The denial let…
JAN302023_02C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 30, 2023
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A. Relevant Factual and Procedural History Inl 12016, when the Petitioner was 20 years old, the I !Family Court in New York (Family Court) appointed guardianship of the Petitioner to S-S-,2 finding that such appointment would last "until the subject's 21st birthday." In a separate order issued on the same day and titled ORDER - Special Immigrant Juvenile St…
JAN302023_03B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 30, 2023
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Our decision on appeal discussed the relevant background and procedural history of this case, and, after reviewing the record in its entirety, concluded that the Petitioner had not established her good moral character by a preponderance of the evidence. We hereby incorporate by reference our decision on appeal and discuss below the facts as relevant to the…
JAN272023_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 27, 2023
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A. The Required Education
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 August 18, 2021, the date DOL accepted the accompanying labor certificatio…
JAN272023_01C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 27, 2023
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A. Relevant Evidence and Procedural History Inl 201 7, when the Petitioner was 13 years old, the Superior Court of California, County of I (Family Court) issued an order granting sole custody of the Petitioner to his mother "pursuant to Family Code§§ 7600, 3402(a), 3424(a), and 3421." Additionally, in the order entitled SPECIAL IMMIGRANT JUVENILE FINDINGS (…
JAN272023_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 27, 2023
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Although the Petitioner has submitted new facts and legal arguments sufficient to meet the motion to reconsider requirements and overcome the summary dismissal of the appeal, the evidence in the record is ultimately insufficient to establish eligibility for the requested benefit.
A. Grounds for Dismissal of Appeal Overcome on Motion The Petitioner's Form I…
JAN272023_02C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 27, 2023
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A. Relevant Facts and Procedural History Inl 2016, when the Petitioner was 20 years old, thel !Family Court (family court) in New York issued an Order Appointing Guardian of the Person (guardianship order), in which it determined that the Petitioner's best interest would be promoted by the appointment of the Petitioner's cousin as his guardian. Inl I 2016,…
JAN262023_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 26, 2023
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The Applicant, a native and citizen of Mexico, entered the United States without inspection in 2000. In November 2014, the Director granted the Applicant U-3 nonimmigrant status based on his mother's U nonimmigrant status as the victim of domestic violence. The Applicant timely filed the instant U adjustment application in October 2018. The Director determi…
JAN262023_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 26, 2023
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The Petitioner has studied music and erformed as a folk and classical singer since 1997, when he first entered a preparatory course at Conservatory I I a regional state-run musical conservatory located in __ Armenia. He interrupted his musical studies to perform compulsory military service from 1998 through 2000. In 2001, he returned to to study vocal theor…
JAN262023_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 26, 2023
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As noted above, the Director denied the Form I-140, Immigrant Petition for Alien Workers, for several reasons. First, the Director found that "[t]he position does not appear to require either an advanced degree or exceptional ability." Specifically, the Director observed, "The [DOL F01m] ETA-750 provided does not list any special qualifications, skills, or…
JAN262023_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 26, 2023
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The record reflects that the Petitioner, a native and citizen of India, married S-D-, 1 a United States citizen, inl 12016. He filed the instant VA WA petition in July 2018 based on the marriage. As evidence of his shared residence, the Petitioner submitted multiple personal affidavits, third party affidavits from K-S-, J-S-, G-S-, G-S-and M-S-, a copy of a…
JAN262023_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 26, 2023
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The Director denied the SIJ petition, concluding that the Petitioner did not demonstrate that the Texas District Court forl I (District Court), which issued court orders containing judicial determinations related to establishing the Petitioner's SIJ eligibility, had made a qualifying declaration of dependency or custodial placement under applicable state ch…
JAN262023_01D12101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 26, 2023
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The Applicant, a citizen of Honduras, last entered the United States in 2005 without inspection, admission, or parole. In 2019, the Applicant filed the instant T application.
A The Applicant's Trafficking Claim
The Applicant's declarations in the record set forth the following claim: In 2005, she paid a smuggler to arrange her travel to the United States.…
JAN262023_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 26, 2023
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The Director determined that the Petitioner qualifies as a member of the professions holding an advanced degree. In denying the petition, the Director determined that the record did not satisfy any of the three prongs set forth in the Dhanasar analytical framework. For the reasons discussed below, we concur with the Director's determination that the Petitio…
JAN262023_02C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 26, 2023
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The record indicates that the Petitioner entered the United States in February 2017, when he was 17 years old. In 2018, when the Petitioner was 18 years old, E-G-L-V-,2 the Petitioner's uncle, filed a Petition for Appointment of Guardian a Minor Child (guardianship petition) in the County Court for the County ofl IN ebraska ( county court) seeking guardians…
JAN262023_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 26, 2023
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By regulation, the scope of a motion is limited to "the prior decision," which in this case is our decision addressing the Petitioner's first motion to reconsider. 8 C.F.R. § 103.5(a)(l)(i). In our previous decision dismissing the Petitioner's motion we determined the Petitioner's arguments in her motion to reconsider did not show that we erred in concludin…
JAN252023_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 25, 2023
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The Petitioner is a singer and songwriter specializing in Armenian pop and folk music. Because the Petitioner has not indicated or shown 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). The Petitioner initially claimed to have satisfied seven of…
JAN252023_01B4203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 25, 2023
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A. The Motion to Reconsider Petitioners must generally file motions within 33 days of the dates USCIS mailed the unfavorable decisions. 8 C.F.R. §§ 103.5(a)(l), 103.8(b). Because of hardships from the COVID-19 pandemic over the past few years, however, USCIS has extended filing deadlines. At the time we issued our December 30, 2020 appellate decision, the A…
JAN252023_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 25, 2023
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The scope of a motion is limited by regulation to "the prior decision." 8 C.F.R. § 103.5(a)(l)(i). Therefore, the issue before us is whether the Petitioner has provided proper cause for reconsideration of our decision dated July 19, 2022, in which we dismissed its prior motion to reconsider. A. Facts and Procedural History As noted, the Director denied the…
JAN252023_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 25, 2023
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The Petitioner is a citizen of the United Kingdom who last entered the United States in January 2017 through the visa waiver program. The Petitioner married S-S-, 1 an LPR, inl 12017. The Petitioner filed the current petition in September 2019 based on this marriage. The Director denied the petition, determining that the Petitioner did not establish his goo…
JAN252023_01C1101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 25, 2023
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The regulation at 8 C.F.R. § 103.2(b)(l6)(i) requires the Director to provide the Petitioner with sufficient notice of the derogatory information underlying the decision to allow an opportunity for rebuttal. See also Matter of Obaigbena, 19 I&N Dec. 533, 536. The Director denied the petition solely based on the negative site visit report that included exten…
JAN252023_02A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 25, 2023
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The Applicant first entered the United States without inspection, admission, or parole in March 2002. The Director approved the Applicant's U petition in May 2017, granting her U nonimmigrant status from May 2017 to May 2021. The Applicant subsequently filed the instant U adjustment application in December 2020. The Director denied the application in Januar…
JAN242023_01A6245
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 24, 2023
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The Applicant was granted U-1 status from February 17, 2017, until February 16, 2021, and timely filed a U adjustment application in August 2020. The Director issued a request for evidence (RFE) noting that the Applicant had not established continuous presence in the United States for a period of three years, had not provided all pages of her current and ex…
JAN242023_01B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 24, 2023
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The record demonstrates that the Petitioner, an educator with a master's degree from the University of 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 in…
JAN242023_01B9204
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 24, 2023
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The Petitioner is a citizen and national of Nigeria who last entered the United States in March 2018 as anon-immigrant visitor. The Petitioner married her third spouse, G-H- 1, a U.S. Citizen, in 2018. The Petitioner filed the current VA WA petition in January 2020 seeking classification as the abused spouse of a U.S. citizen. The Director denied the petiti…