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OCT242022_02B2101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 24, 2022
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The record reflects that the Petitioner is an actor, comedian, and artist in Colombia. He intends to continue working in the United States in the field of performing arts. As the Petitioner has not indicated or established that he has received a major, internationally recognized award, he must demonstrate that he meets the initial evidence requirements by s…
OCT222022_01H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 22, 2022
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Upon review of the record in its totality, we will remand the matter to the Director for further review and issuance of a new decision. First, we note that the Director's decision contains inconsistent statements regarding the Applicant's inadmissibility. For example, in addition to being inadmissible pursuant to Section 212(a)(6)(C)(i) of the Act for fraud…
OCT212022_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 21, 2022
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When the Petitioner filed the petition, she was employed as a clinical assistant professor a University! JSchool of Medicine, and an assi tant att n in h i ian at I I Hospitals, in 0-1 A nonimmigrant status. Subsequently, ___________ Center filed a nonimmigrant petition, approved in August 2022, again to classify her as an O-lA nonimmigrant. In May 2021, th…
OCT212022_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 21, 2022
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In our appeal decision, we found that the Petitioner made several willful misrepresentations regarding his qualifications which were material to his eligibility as an individual of exceptional ability and to whether he merits a national interest waiver of the job offer requirement inherent to that immigrant classification. Specifically, we concluded that th…
OCT212022_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 21, 2022
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The record reflects that the Petitioner, a native and citizen of Brazil, last entered the United States in February 2016. She married her U.S. citizen spouse, J-N-,1 in California in 2016. She filed the instant VAWA petition in July 2019 based on a claim of battery and extreme cruelty by J-N-.
A. Qualifying Relationship
The Director determined that the Pet…
OCT212022_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 21, 2022
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In our decision dismissing the Petitioner's appeal, 2 incorporated here by reference, we determined that, per the record, when the Petitioner was 1 7 years of age, the District Court for the I I Judicial District inl I Texas (District Court), issued an Order of Dependency and Findings ( declaratory judgment) and an Order on Motion for Clarification of Depen…
OCT202022_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 20, 2022
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The Director concluded that the Petitioner qualifies as a member of the professions holding an advanced degree. Accordingly, the 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. For the reasons discussed below, we agr…
OCT202022_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 20, 2022
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A. Relevant Facts and Procedural History Inl 2016, when the Petitioner was 20 years old, thel I Family Court in New York issued an order appointing A-S- 1 as the Petitioner's guardian in proceedings brought under section 661 of the New York Family Court Act and section 1707 of the New York Surrogate's Court Procedure Act. The order stated that "the appointm…
OCT202022_01E2309
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 20, 2022
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The Applicant has established that he meets several conditions for derivative citizenship under section 320 of the Act. Specifically, his 2011 birth certificate, his father's 2019 Certificate of Naturalization, and his lawful permanent resident card evidence collectively show that the Applicant was born outside of the United States, admitted to the United S…
OCT202022_02C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 20, 2022
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The record reflects that the Petitioner, a native and citizen of India, submitted an SIJ petition in June 2019. The Petitioner included an order from the Family Court of the State of New York,I I I !(Family Court) appointing A-K- 2 as his guardian in guardianship proceedings. He submitted a separate order titled AMENDED ORDER-SPECIAL IMMIGRANT JUVENILE STAT…
OCT192022_01B5203
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 19, 2022
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The Director found that the Petitoner 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 working as a resea…
OCT192022_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 19, 2022
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A. Relevant Facts and Procedural History Inl I 2021, when the Petitioner was 20 years old, the District Court of Oklahoma (district court) issued an order titled ORDER APPOINTING GUARDIAN (SIJ order), determining among other findings necessary for SIJ eligibility under section 10l(a)(27)(J) of the Act, that the Petitioner was "an incapacitated person or who…
OCT192022_01D13101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 19, 2022
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The Petitioner is a church of the denomination. The record indicates that the Beneficiary was a member of the I !congregation in Israel beginning in 2015, and attended services there and acted as an associate teacher until her departure to the United States in 2018. It also establishes thatl I is a member of the same denomination as the Petitioner. In her d…
OCT192022_01H6212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 19, 2022
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The record reflects that following her 2012 guilty plea to a felony charge of abuse, neglect, or endangerment of a child in violation of Nevada Revised Statutes 200.508 the Applicant was sentenced to 12 to 32 months imprisonment with credit for 28 days' time served and three years' probation. In 2013 the Applicant filed a Motion to Withdraw Guilty Plea Agre…
OCT192022_02C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 19, 2022
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In 2017, when the Petitioner was 20 years old, the Probate and Family Court (juvenile court) in I Massachusetts, issued a Decree of Special Findings of Fact and Rulings of Law (SIJ order), in which it declared the Petitioner to be dependent on the court "in relation to his complaint in equity until the Special Immigrant Juvenile Process is complete." Additi…
OCT192022_03C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 19, 2022
—
A. Relevant Facts and Procedural History In 2017, when the Petitioner was 15 years old, the Family Court in New York (Family Court) issued an ORDER APPOINTING GUARDIAN OF THE PERSON appointing C-N-B2 as the Petitioner's guardian in guardianship proceedings brought under sections 661 and 1012 (f) of the New York Family Court Act (N.Y. Fam. Ct. Act) and secti…
OCT182022_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 18, 2022
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After earning medical degrees at various universities in Venezuela, the Petitioner established an obstetrical/gynecological (OB/GYN) practice in !Venezuela in 2010, and worked at I !University Hospital also inl I In that practice, the Petitioner stated: "I designed my own approach model ... , which I named 'Biopsychosocial Evaluation."' The Petitioner state…
OCT182022_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 18, 2022
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The Petitioner states that he is pilot intending to "continue using [his] expertise and knowledge in the field of aviation by working as a Pilot for airlines in the U.S." Specifically, in his proposed endeavor he intends to "fill a position as a pilot that is vacant due to the shortage of airline pilots; serve as a flight instructor at flight schools; train…
OCT182022_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 18, 2022
—
The Petitioner was born on 27, 1999. The Petitioner filed his petition for SIJ classification, which was received by U.S. Citizenship and Immigration Services (USCIS) on 27, 2020. The Director denied the petition, concluding that the Petitioner was ineligible for SIJ classification because he was 21 years old when his SIJ petition was filed. On appeal, the…
OCT182022_01D6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 18, 2022
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The Petitioner filed the instant fiance( e) petition in July 2019. The Director issued two requests for evidence (RFE). The first RFE requested evidence to establish the Beneficiary's age, and that the parties had met during the two-year period immediately preceding the filing of the petition. The second RFE requested evidence establishing the parties' mutu…
OCT182022_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 18, 2022
—
In our most recent motion decision, we considered the Applicant's claims for a waiver of section 212(a)(2)(A) of the Act under two statutory provisions: section 212(h)(l)(B) of the Act and section 212(h)(l)(A) of the Act. Our previous decisions recounted his arrest and conviction record, and the original decision on the appeal provided: The record shows tha…
OCT182022_01H4212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 18, 2022
—
A. The Director's Decision
The record demonstrates that the Applicant's departure from the United States would render the 55year-old native and citizen of China inadmissible under section 212(a)(9)(A)(ii)(II) of the Act. In removal proceedings in 1998, an Immigration Judge (IJ) denied the Applicant's applications for asylum and withholding ofremoval, see se…
OCT182022_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 18, 2022
—
A. Background
As the Director noted, the Applicant applied for a nonimmigrant visitor's visa and in 2016 the U.S. Embassy in Monterey, Mexico interviewed her. Both during the interviewing and on the visa application, the Applicant claimed that no one had ever filed an immigration petition on her behalf. In fact, in 1990 her father filed a Form I-130, Petiti…
OCT182022_02C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 18, 2022
—
We herein incorporate our decisions on appeal and on motions and highlight the below facts for our analysis of the instant motion. In 2016, when the Petitioner was 20 years old, the I Family Court in New York issued an order appointing a guardian for him in guardianship proceedings 1 The Department of Homeland Security (DHS) issued a final rule, effective A…
OCT182022_03C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 18, 2022
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A Relevant Facts and Procedural History lnl 12021, when the Petitioner was 19 years old, the District Court of _____ Oklahoma (District Court) issued an order, entitled Order Appointing Guardian (guardianship order), appointing the Petitioner's father as her guardian in proceedings pursuant to title 30, section 1-112 of 1 The Department of Homeland Security…