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OCT182022_04C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 18, 2022
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The Petitioner filed his SIJ petition in October 2016. In December 2016, the Director approved the SIJ petition, but subsequently revoked the petition after issuing a notice of intent to revoke (NOIR). In November 2018, we dismissed the Petitioner's appeal. In our prior decision on appeal, incorporated here by reference, we determined that the Petitioner ha…
OCT182022_05C6101
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 In 2018, when the Petitioner was 20 years old, the Massachusetts Probate and Family Court, ___ _._Division (Family Court) issued an order titled FINDINGS OF FACTS and RULINGS OF LAW (SIJ order), determining among other findings necessary for SIJ eligibility under section 10l(a)(27)(J) of the Act, that the Petitioner'…
OCT172022_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 17, 2022
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In dismissing the appeal, we determined that the Petitioner did not establish the national importance of his proposed endeavor under the first prong of the Dhanasar analytical framework. 1 See Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016) (stating that USCIS may, as a matter of discretion, grant a national interest waiver if the petitioner demonstrates tha…
OCT172022_01H4212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 17, 2022
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The Applicant is currently in the United States and seeks permission to reapply for admission pursuant to the regulation at 8 C.F.R. § 212.2(j) before departing the United States because he will become inadmissible upon departing the United States under section 212(a)(9)(A)(ii) of the Act. The record shows that the Applicant, a native and citizen of China,…
OCT172022_03B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 17, 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. At initial filing, the Petitioner indicated in his cover letter that he"is seeking to obtain immigrant classi…
OCT142022_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 14, 2022
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A. Member of the Professions Holding an Advanced Degree We withdraw the Director's determination that the Petitioner qualifies as a member of the professions holding an advanced degree. To qualify as a member of the professions, an individual must meet "one of the occupations listed in section 10l(a)(32) of the Act, as well as any occupation for which a Uni…
OCT142022_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 14, 2022
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The issue before us is whether the Petitioner has submitted new facts supported by documentary evidence sufficient to warrant reopening his appeal or established that our decision to dismiss the appeal was based on an incorrect application oflaw or USCIS policy. We find that the Petitioner has not submitted new facts supported by documentary evidence suffic…
OCT142022_01D8101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 14, 2022
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The Petitioner does not assert, and the record does not reflect, that the Beneficiary has been nominated for, or is the recipient of, significant national or international awards or prizes in his field. See 8 C.F .R. § 214.2(o)(3)(iv)(A). Accordingly, the Petitioner must satisfy at least three of the six regulatory criteria set forth at 8 C.F.R. § 214.2(o)(…
OCT142022_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 14, 2022
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The Applicant came to the United States in 2008. Although she has offered varying accounts relating to her entry into the country, accompanying her motions she offered evidence supporting her account that she entered the country using false documents and she was granted admission on a nonimmigrant visitor's visa. She subsequently filed for asylum and withdr…
OCT142022_02C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 14, 2022
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As previously detailed, SIJ classification may only be granted upon the consent of DHS, through USCIS, when a petitioner meets all the other eligibility criteria, section 101(a)(27)(J)(i)-(iii) of the Act, and the request for SIJ classification is bona fide. 8 C.F.R. § 204.11 (b)(5). To demonstrate a bona fide request, a petitioner must establish a primary…
OCT142022_02H5212
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 14, 2022
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We agree with the Director's conclusion that the Applicant's qualifying relative would experience extreme hardship if the waiver application were denied. The sole issue on appeal therefore is whether the Applicant's waiver should be granted as a matter of discretion. Upon review of the evidence in the record, including the evidence submitted on appeal, we f…
OCT142022_03H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 14, 2022
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A. Immigration History
In 2002, an employer filed a Form 1-140, Immigrant Petition for Alien Worker, on the Applicant's behalf and users initially approved that petition in 2002. The Applicant then attended an adjustment of status interview in 2006 where she presented a job offer letter dated in March 2006 from the employer who filed the FormI-140. This job…
OCT132022_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 13, 2022
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The Petitioner was born onl 111, 1999. onl 110, 2020, one day before the Petitioner turned 21 years old, the Superior Court of _____ California (Superior Court) issued an order entitled Special Immigrant Juvenile Findings (SIJ order). The Superior Court placed the Petitioner in the custody of an individual appointed by the Court and made other SIJ-related d…
OCT132022_01D6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 13, 2022
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The Petitioner filed the fiance( e) petition on April 14, 2021. As such, the relevant period during which he must establish he and the Beneficiary met is between April 14, 2019 and April 14, 2021. 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 two-year pe…
OCT132022_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 13, 2022
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The issue on motion is whether the Petitioner has established that our prior decision was based on an incorrect application oflaw or USCIS policy, based on the evidence in the record of proceeding at the time of the decision.
A. Facts
The Applicant entered the United States without authorization on I I 2003 and was apprehended the same day at the port of e…
OCT132022_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 13, 2022
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The issue on appeal is whether the Applicant has demonstrated extreme hardship to his U.S. citizen spouse, and if so, whether he merits a waiver as a matter of discretion. The Applicant does not contest the Director's determination that he is inadmissible under section 212(a)(6)(C)(i) of the Act for using a passport that was not properly issued to him enter…
OCT132022_02C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 13, 2022
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A. Relevant Factual and Procedural History Inl I 201 7, when the Petitioner, a native and citizen of Honduras, was 18 years of age, his sister filed a Complaint for Custody with the South Carolina Family Court forl l(Family Court). She requested the Family Court to grant her "permanent and sole custody (nunc pro tunc)" of the Petitioner and to find that the…
OCT132022_03C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 13, 2022
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A. Relevant Factual and Procedural History On 12016, when thePetitionerwas l 7yearsold, the IProbateandFamily Court (juvenile court) in Massachusetts issued a Findings of Fact and Rulings of Law, declaring the court's jurisdiction over the Petitioner, that she will remain under the court's jurisdiction until she attains the age of 21, and she is dependent u…
OCT132022_06C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 13, 2022
—
A. Relevant Facts and Procedural History In 12020, when the Petitioner was 18 years old, the Surrogate's Court in _____ New York issued a Decision and Order (SIJ order), declaring the Petitioner dependent on the court based on the appointment of V-S- 1 as his guardian. The Surrogate's Court also found that the Petitioner's reunification with his parents is…
OCT122022_01B6203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 12, 2022
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A. Verification of Status The instant petition for unskilled worker classification was filed on May 7, 2021, accompanied by a labor certification that was filed with the DOL on June 7, 2019, and certified in March 2020.2 On December 21, 2021, the Director issued a notice requesting evidence of the Petitioner's ability to pay the Beneficiary's wages; a valid…
OCT122022_01C10204
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 12, 2022
—
The Petitioner, a native and citizen of Mexico, filed her VA WA petition in October 2018 based on abuse suffered from her son, F-P-S-, a U.S. citizen. 1 Following initial review of her VA WA petition, the Director issued a Request For Evidence (RFE) in June 2020, in which the Director notified the Petitioner that the evidence provided was insufficient to es…
OCT122022_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 12, 2022
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A. Current Section 320 of the Act Conditions The Applicant's citizenship claim will be considered under the amended provisions of section 320 of the Act because he was under the age of 18 years on its effective date. See Matter of Rodriguez Tejedor, 23 I&N Dec. 153 (BIA 2001) (stating that section 320 of the Act, as amended by the CCA, is not retroactive a…
OCT122022_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 12, 2022
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The Applicant is currently in the United States and seeks permission to reapply for admission pursuant to the regulation at 8 C.F.R. § 212.2(i) before departing the United States. The record indicates that the Applicant will become inadmissible upon departing the United States under section 212(a)(9)(A)(ii) of the Act. On appeal, the Applicant contends that…
OCT122022_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 12, 2022
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The issue on appeal is whether the Applicant has demonstrated that his lawful permanent resident (LPR) wife would suffer extreme hardship upon denial of the waiver. The Applicant does not contest the finding that he misrepresented a material fact and obtained an immigration benefit for which he was not otherwise eligible. Specifically, he provided a false d…
OCT122022_02C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 12, 2022
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A. Relevant Facts and Procedural History The Petitioner is a native and citizen of Ecuador who entered the United States without inspection in December 2014, when he was 16 years old. In 2017 7, thel I Probate and Family Court in Massachusetts issued an Order of Special Findings of Fact and Rulings of Law (SIJ order) and subsequently issued an Affirmed and…