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NOV162022_01H6212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 16, 2022
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A Unlawful Presence Inadmissibility Ground
First, we address the Applicant's unlawful presence inadmissibility ground. During the pendency of the Applicant's appeal, USCIS issued policy guidance clarifying inadmissibility under section 212(a)(9)(B) of the Act. See 8 USCIS Policy Manual 0.6, https://www.uscis.gov/policymanual; see also Policy Alert PA-2022-1…
NOV162022_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 16, 2022
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The Petitioner is a wrestler who has competed and placed in national and international wrestling tournaments at thel I level. He proposes to continue competing in Greco-Roman wrestling tournaments in the United States. A. Individual of Exceptional Ability In her decision, the Director concluded that the Petitioner had not established that he met the followi…
NOV162022_02C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 16, 2022
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A. Relevant Facts and Procedural History In 2017, when the Petitioner was 18 years old, a Family Court in I New York issued an Order Appointing Guardian of the Person (guardianship order), appointing the Petitioner's mother as his guardian. The Family Court also found that the Petitioner's reunification with his father was not viable because his father died…
NOV162022_02H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 16, 2022
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The Applicant entered the United States using a nonimmigrant visitor's visa in 2016 and filed to extend that status multiple times. Within those extension requests, the Applicant omitted relevant information such as his violations of his nonimmigrant status, and his unlawful employment. USCIS approved each of the extension requests and as a result, the Dire…
NOV152022_01A1245
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 15, 2022
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The Applicant initially entered the United States in 1995 without inspection and admission or parole. In 2000, USCIS granted him TPS. The Applicant subsequently obtained permission to travel abroad on that basis and was issued a Form 1-512, Authorization for Parole of an Alien into the United States. Upon his return from foreign travel in December 2014 the…
NOV152022_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 15, 2022
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The Petitioner earned a degree in PR from ______ University in 2014. She worked for various agencies as a PR specialist from 2012 to to 2015, and as a freelance PR manager from 2015 to 201 7. In 201 7, she founde a a PR agency in Russia where she served as director. Since March 2019, the Petitioner has been intermittently in the United States as a B-2 nonim…
NOV152022_01B5203
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 15, 2022
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The Director found that the Petitioner qualifies as a member of the professions holding an advanced degree. 3 The sole 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. At the time of filing, the Petitioner was serving as an ass…
NOV152022_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 15, 2022
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A. Relevant Facts and Procedural History In I I 2019, when the Petitioner was 18 years old, the I I District Court in Colorado (district court) issued an order titled, ORDER FOR ALLOCATION OF PARENTAL RESPONSIBILITIES (Allocation order), and an ORDER REGARDING REQUEST FOR
ADDITIONAL FINDINGS ESTABLISHING ELIGIBILTY FOR SPECIAL IMMIGRANT JUVENILE
STATUS (SI…
NOV152022_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 15, 2022
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The Applicant has been found inadmissible under section 212(a)(9)(C) of the Act for entering or attempting to enter the United States without being admitted after having accrued unlawful presence in the United States foranaggregate periodofmorethanoneyear. Specifically, the record establishes that the Applicant entered the United States without inspection i…
NOV152022_02H4212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 15, 2022
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The Applicant concurrently filed a Form 1-601, Application to Waive Inadmissibility Grounds (1-601 application) with the instant 1-212 application seeking a waiver of inadmissibility under sections 212(i) and 212(a)(9)(B)(v) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1182(i), for a material misrepresentation and for unlawful presence. The…
NOV152022_02H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 15, 2022
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The Applicant attempted to enter the United States utilizing falsified documentation in 1993 but withdrew their application for admission when confronted about the fraudulent passport and subsequently returned to their home country. Later that same year, the Applicant entered the United States without being inspected, admitted, or paroled. The Applicant is…
NOV142022_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 14, 2022
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The Applicant filed his U adjustment application in September 2015. The Director denied the application, concluding that the Applicant had not established that a favorable exercise of discretion was warranted on humanitarian grounds, to ensure family unity, or was otherwise in the public interest as required under section 245(m) of the Act. In March 2022, w…
NOV142022_01C10204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 14, 2022
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The Petitioner is a native and citizen of the Dominican Republic who filed his VA WA petition in October 2018. The Director denied the petition based on a determination that the Petitioner did not submit sufficient evidence to establish that he was battered or subjected to extreme cruelty by his U.S. citizen daughter, D-V-.1 The Petitioner has not overcome…
NOV142022_01C1101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 14, 2022
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The Petitioner has indicated it is an organization that, in part, offers housing to individuals with special needs and provides religious services to homebound individuals. As noted above, the Petitioner seeks the Beneficiary's services in the role of assistant director. In his decision, the Director determined, in part, that the record did not establish th…
NOV142022_02B2203
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 14, 2022
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The Petitioner earned a doctoral degree in physiology in Chile at ____________ I lin 2012. Some of his doctoral studies took place at academic research institutions in Brazil, Chile, the United States, and Italy. The Petitioner most recently entered the United States as an H-lB nonimmigrant to work as a researcher/project scientist at the University of I In…
NOV142022_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 14, 2022
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A. Member of the Professions Holding an Advanced Degree The Director found that the Petitioner established that she qualifies as a member of the professions holding an advanced degree through evidence of a foreign degree equivalent to that of a U.S. bachelor's degree in dentistry and five years of progressive post-degree working experience as a dental surge…
NOV142022_02C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 14, 2022
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A. Relevant Evidence and Procedural History In I 12018, the I Family Court determined, among other findings necessary for SIJ eligibility under section 101 (a)(27)(J) of the Act, that the Petitioner is "dependent upon the juvenile court." The Family Court also found that the Petitioner's reunification with both of her parents was not viable due to abandonme…
NOV142022_03C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 14, 2022
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A. Relevant Facts and Procedural History Inl 20 18, when the Petitioner was 20 years old, the California Superior Court, I I _ (Superior Court) issued an Order Appointing Guardian or Extending Guardianship of the Person (custody order). The Superior Court appointed U-T-T-B- 2 as the Petitioner's guardian in its custody order, and its accompanying Letters of…
NOV142022_04C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 14, 2022
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A. Relevant Facts and Procedural History In 12019, when the Petitioner was 15 years old, the Circuit Court of I Probate Division in Arkansas (Court) issued an order titled ORDER FOR APPOINTMENT OF GUARDIAN
OF THE PERSON AND ESTATE OF S-M-E-
1 (SIJ order), determining among other findings necessary for SIJ eligibility under section 101(a)(27)(J) of the Act,…
NOV102022_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 10, 2022
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A. Improper Commerce and Payment in the Labor Certification Process The regulation at 20 C.F.R. § 656.12(b) states: An employer must not seek or receive payment of any kind for any activity related to obtaining permanent labor certification, including payment of the employer's attorneys' fees, whether as an incentive or inducement to filing, or as a reimbur…
NOV102022_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 10, 2022
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A. Relevant Evidence and Procedural History Inl 2016, when the Petitioner was 13 years old, the Probate Court of I Georgia (state probate court) issued an Order (SIJ order) appointing his sister, N-V-C-, 1 as the Petitioner's guardian. The SIJ order also includes the state probate court's determination that reunification with the one or both of the Petition…
NOV102022_01D2101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 10, 2022
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In December 2021, the Petitioner filed the current H-lB petition and claimed on the Form 1-129 that the Beneficiary was exempt from numerical limitations of the H-lB cap because he had already been counted against the cap. As noted by the Director, in June 2008, a different employer filed an H-lB petition on behalf of the Beneficiary that was approved (firs…
NOV102022_01D6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 10, 2022
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The Petitioner filed the fiance(e) petition on September 14, 2020. As such, the relevant period during which he must establish he and the Beneficiary met is between September 14, 2018 and September 14, 2020. In his initial filing, the Petitioner answered question 53 on the Form I-129F, which asks whether he and his fiancee met in person during the relevant…
NOV102022_01G1103
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 10, 2022
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There are two issues on appeal: first, whether ICE provided sufficient written notice to the Obligor prior to declaring the bond breached and, if so, whether the Obligor substantially violated the terms of the bond. For the reasons discussed below, we find that ICE provided sufficient written notice to the Obligor; however, the Obligor did not substantially…
NOV102022_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 10, 2022
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The record reflects in 1990, the Applicant was convicted of sexual assault in the fourth degree in violation of section 53a-73a(l )(B) of the General Statutes of Connecticut and received a six-month sentence for the offense. Additionally, he was convicted of assault in the third degree in violation of section 53a-61 of the General Statutes of Connecticut fo…