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DEC132022_03A6245
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 13, 2022
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The Applicant, a native and citizen of Honduras, was accorded U-3 non-immigrant status from October 1, 2014, until September 30, 2018, based on an approved Form 1-918, Supplement A, Petition for Qualifying Family Member of a U-1 Recipient. On September 26, 2017, he filed a Form 1-485 that was denied because he did not have the required three years of contin…
DEC132022_04A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 13, 2022
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The Applicant, a native and citizen of Mexico , was granted U-1 nonimmigrant status from December 22, 2016, until December 21, 2020. He filed the instant U adjustment application on January 11, 2021. The Director concluded that the Applicant did not continue to hold U nonimmigrant status at the time he filed his U adjustment application and, accordingly, co…
DEC122022_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 12, 2022
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A. Evidentiary Criteria
Because the Petitioner has not 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). The Director found that the Petitioner met two of the evidentiary criteria, that of 8 C.F.R. § 204.5(h)(3)(iv), related to jud…
DEC122022_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 12, 2022
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The Petitioner submitted diplomas showing that he earned a Bachelor of Science degree in Microbiology, a postgraduate diploma in education, and Master of Education degree in educational foundations, all from the University of C- in Nigeria. He also presented an undated letter from the same institution stating that he had completed coursework for a Ph.D. in…
DEC122022_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 12, 2022
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The Petitioner, a native and citizen oflndia, was placed into removal proceedings in 2012. He married his U.S. citizen spouse, A-D-R-, 1 inl 2017 while he was in removal proceedings. The Petitioner subsequently filed his VA WA petition in June 2018. The Director determined the Petitioner had not met his burden of establishing by clear and convincing evidenc…
DEC122022_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 12, 2022
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The Director concluded that the Petitioner qualifies as a member of the professions holding an advanced degree. 4 Accordingly, the remaining issue to be determined on appeal 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 interest. The first prong relates to…
DEC122022_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 12, 2022
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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. On appeal, the Petitioner does not assert nor does the record establish that he is eligible for the EB-2 clas…
DEC092022_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 09, 2022
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The Applicant, a native and citizen of Honduras, was granted U-3 nonimmigrant status from February 15, 2017, until February 14, 2021, based on her mother's U-1 nonimmigrant status. She timely filed her U adjustment application on May 4, 2020. In denying the U adjustment application, the Director acknowledged the favorable and mitigating equities present in…
DEC092022_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 09, 2022
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The Petitioner indicates he is an oil and gas construction s ecialist who earned a master's degree in project management from thel University in 2010, and a bachelor's degree in mechanical engineering from University India) in 2005. He also holds related project management certifications. Because the Petitioner has not indicated or established that he has r…
DEC092022_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 09, 2022
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A Exceptional Ability
The Petitioner does not claim to meet any of the six regulatory criteria listed at 8 C.F.R. § 204.5(k)(3)(ii).4 Instead, she contends that she has offered comparable evidence of her exceptional ability pursuant to the regulation at 8 C.F.R. § 204.5(k)(3)(iii). This regulation allows for the submission of "comparable evidence" if the st…
DEC092022_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 09, 2022
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In 2016, the Family Court of the State of New Yorkl I (Family Court), appointed guardianship of J-A-, 2 the Petitioner, to M-M- in an ORDER APPOINTING GUARDIANSHIP OF THE PERSON. The Family Court issued a concurrent BEST INTEREST ORDER holding that the Petitioner's reunification with his parents was not viable due to abandonment, and that it was not in his…
DEC092022_01D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 09, 2022
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The record reflects that the Applicant, a native and citizen of the Philippines, entered the United States in 2007 as an H-2B temporary worker after being recruited byl I I a recruitment agency in the Philippines, and its affiliate in the United States, D-H-, 1 to work in a hotel in Florida. In March 2018, the Applicant filed the instant T application, asse…
DEC092022_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 09, 2022
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A. The Petitioner Was Not the Victim of Qualifying Criminal Activity 1. Relevant Evidence and Procedural History The Petitioner filed his Form 1-918 in June 2016 with a Supplement B signed and certified by the director of the Office of Immigrant Affairs at thel I (New York) District Attorney's Office ( certifying official). The certifying official checked a…
DEC092022_02C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 09, 2022
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The Petitioner, whose undisputed date of birth isl I 2000 , entered the United States on or about July 28, 2019 . On I I 2021, I I before the Petitioner turned 21 years old, the Massachusetts Probate and Family Court (Family Court)J I issued an order titled Special Findings of Fact and Rulings of Law (SIJ order), releasing the Petitioner "to the care and cu…
DEC092022_02D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 09, 2022
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A. Relevant Facts and Procedural History The record reflects that the Petitioner mailed his Form 1-918 with a Supplement B to the Vermont Service Center on July 7, 2015 , through the U.S. Postal Service (USPS) using priority mail express. USCIS recorded the date of receipt for the Form 1-918 and Supplement B as July 9, 2015 . The Supplement B was signed by…
DEC092022_03D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 09, 2022
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A. The Petitioner Was Not the Victim of Qualifying Criminal Activity 1. Relevant Evidence and Procedural History The Petitioner filed her Form 1-918 in June 2016 with a Supplement B signed and certified by the director of the Office of Immigrant Affairs at the ____ (New York) District Attorney's Office ( certifying official). The certifying official checked…
DEC082022_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 08, 2022
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The record reflects that the Petitioner qualifies as a member of the professions holding an advanced degree. The next 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 interest. In revoking the approval of the petition, the Director decid…
DEC082022_01H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 08, 2022
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The Applicant does not contest the finding of inadmissibility, which is supported by the record. The issue on appeal therefore is whether the Applicant meets the requirements of section 204(1) of the Act, which permits approval of a waiver despite the death of a qualifying relative, since the Applicant's mother, the only qualifying relative, is deceased. As…
DEC072022_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 07, 2022
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The Petitioner is an attorney and social responsibilitJ expert. He submitted a diploma showing that he earned a professional title of attorney degree from I University! I in Venezuela 1999. The Director determined that he therefore qualifies as a member of the professions holding an advanced degree. Upon review we note that the Petitioner did not submit off…
DEC072022_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 07, 2022
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According to page 2 of the petition, the Petitioner invested $500,0004 in the NCE. He presented to the Chief two business plans, dated June 2016 and October 2020, respectively. 5 Page 5 of the 2016 business plan indicates that the NCE intends to fund "the establishment of al I in the area of I Pages 8 and 9 of the 2016 business plan explain that the NCE "is…
DEC072022_01D6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 07, 2022
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A. Motion to Reopen In our prior decision, we found that the Petitioner had not established that his heat intolerance would cause him extreme hardship if he were to comply with the in-person meeting requirement and that he should therefore receive a discretionary exemption from that requirement. We further found that he had not established the Beneficiary's…
DEC072022_01D8101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 07, 2022
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The Director determined that the Petitioner did not demonstrate the Beneficiary's nomination for, or receipt of, significant national or international awards or prizes under 8 C.F.R. § 214.2(o)(3)(iv)(A). In addition, the Director concluded that the Petitioner established the Beneficiary's eligibility for only one criterion, high salary under 8 C.F.R. § 214…
DEC072022_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 07, 2022
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The record reflects that the Applicant entered the United States without authorization in 1992. The Applicant was placed in deportation proceedings because of a cocaine possession conviction and his entry to the United States without inspection; he was ordered removed in 1996 and departed the United States inl 998. 1 The Applicant subsequently reentered the…
DEC072022_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 07, 2022
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The only issue on appeal is whether the Applicant has demonstrated their spouse (A-) would suffer extreme hardship upon denial of the waiver application. 1 The Applicant obtained a B-2 visitor visa under a false name and entered the United States with that visa in 1999. The Applicant filed a waiver application and the Director denied that filing together wi…
DEC072022_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 07, 2022
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A. Procedural History
In July 2013, the Petitioner filed Form I-140, Immigrant Petition for Alien Workers, seeking to classify the Beneficiary as an advanced degree professional under section 203(b )(2) of the Act. In October 2013, USCIS approved the petition. 1 The priority date of the petition is the date the underlying labor certification was filed with…