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OCT122022_02D2101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 12, 2022
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A. Motion to Reopen On motion, the Petitioner submits a brief and additional evidence. The Petitioner states on motion that we should review all evidence, including evidence submitted in prior motions to provide the Petitioner with a fair opportunity to develop and present evidence and legal arguments. By regulation, the scope of a motion is limited to "the…
OCT122022_02H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 12, 2022
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In denying the Form I-212, the Director determined that a search ofUSCIS and U.S. Department of State records did not reveal that the Applicant had applied for a visa, admission to the United States, or adjustment of status, or that he had been interviewed and found inadmissible by a Department of State consular officer for a ground that requires filing of…
OCT122022_02H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 12, 2022
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The Applicant failed to divulge a previous marriage on a Form 1-130, Petition for Alien Relative that his current spouse filed on his behalf in 2014. As of that filing, the Applicant had not attained a divorce from his previous spouse. That petition was eventually approved, and that approval was subsequently
revoked because the Applicant was not free to ma…
OCT122022_03C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 12, 2022
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The Petitioner, whose date of birth is 24, 1998, is a native and citizen of El Salvador who attempted to enter the United States without proper documentation in 2016 and was placed in removal proceedings. Onl 12019, the Petitioner filed a motion for a Special Findings of Fact and Rulings of Law before the Probate and Family Court, Commonwealth of Massachuse…
OCT122022_03H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 12, 2022
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The Applicant, a native and citizen of Mexico, was found inadmissible under section 212(a)(6)(C)(i) of the Act, for fraud or willful misrepresentation. Specifically, the Applicant admits that in 1991, he entered the United States using a fraudulent passport and visa. He also admits that he knowingly listed incorrect information regarding his entry and exit…
OCT122022_04C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 12, 2022
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The Petitioner, a national of India, claims to have entered the United States in or about 2013. ln l _ 2015, the New York State Family Court inl I issued orders relating to the Petitioner's el igibi I ity for SIJ classification. In Apri I 2015, based on these orders, the Petitioner ti led for SIJ status. Along with his SIJ petition, the Petitioner submitted…
OCT122022_04H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 12, 2022
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The Applicant was found inadmissible for fraud or willful misrepresentation of a material fact under section 212(a)(6)(C)(i) of the Act. The record reflects that the Applicant provided false information and fraudulent documents to the U.S. Department of State on numerous occasions when applying for nonimmigrant visas. The Applicant does not contest this det…
OCT122022_05H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 12, 2022
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The Director found the Applicant to be inadmissible under section 212(a)(6)(C)(i) of the Act, a determination that is supported by the record. 1 The Applicant does not contest the Director's inadmissibility finding on appeal. The Applicant seeks a waiver of this inadmissibility under section 212(i) of the Act and asserts that he established extreme hardship…
OCT122022_06H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 12, 2022
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On July 5, 2016, the Applicant's spouse filed a Form 1-130, Petition for Alien Relative on his behalf. The Form 1-130 was subsequently denied on March 29, 2018, because USCIS determined that the marriage was entered into solely for the purpose of obtaining an immigration benefit. This decision was never appealed. On March 17, 2020, the Applicant filed a For…
OCT112022_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 11, 2022
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A. Relevant Evidence and Procedural History In 12019, when the Petitioner was 17 years old, the Family Court of the State of New York in the I . I issued an Order Appointing the Guardian of the Person, appointing H-Y- as the Petitioner's guardian. 2 In a separate order titled ORDER-Special Immigrant Juvenile Status (SIJ order), the Family Court made determi…
OCT112022_01D9101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 11, 2022
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The record indicates thatthe Beneficiary is a23-year-ol boxer who has been represented by the petitioning organization since 2019 ,I _ I seven professional matches between 2019 and 2021. In the Form I-129, Petition for a Nonimmigrant Worker, filed on November 18, 2021, the Petitioner indicated it seeks to have the Beneficiary compete as a in in the United S…
OCT112022_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 11, 2022
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The Applicant is inadmissible for committing a crime involving moral turpitude, a decision supported by the record. 1 The Applicant previously established that the denial of the waiver application would result in extreme hardship to a qualifying relative, his U.S. citizen spouse. Therefore, the only issue before us is whether the Applicant also merits a pos…
OCT112022_02C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 11, 2022
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In 2016, when the Petitioner was 1 7 years old, a District Court inl IT exas issued an Order on Petition for Declaratory Judgment (order) in which it entered findings relevant to the Petitioner's eligibility for SIJ classification. The court found that the Petitioner was dependent on the District Court, that his reunification with his father was not viable…
OCT112022_02H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 11, 2022
—
The Applicant was found inadmissible for fraud or misrepresentation under section 212(a)(6)(C)(i) of the Act for making misrepresentations to the U.S. Department of State regarding her marital status, spouse, and the purpose of her trip to the United States. The Applicant does not contest this determination on appeal, and it is supported by the record. Thus…
OCT112022_04C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 11, 2022
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On motion, the Petitioner contends that we misconstrued the Act's definition of a special immigrant juvenile by concluding that a Petitioner must establish that they have been declared dependent on a court and that the court provided some form of placement, supervision, services or other relief in connection with the finding of dependency. As the Petitioner…
OCT112022_05C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 11, 2022
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A. Relevant Facts and Procedural History The Petitioner, a native and citizen of Guatemala] entered the United States without inspection, admission, or parole in February 2018. Inl 2020, when the Petitioner was 20 years old, the Massachusetts Probate and Family Court in I . (Family Court) issued a Judgment of Dependency Pursuant to G. L. c. 119, § 39M (SIJ…
OCT072022_01B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 07, 2022
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The Petitioner states: [The Beneficiary] is a well-known, widely respected, and exceedingly accomplished Entrepreneur who specializes in I He also holds the distinction of being one of the top 1001 I entrepreneurs inLJ and has had enormous success in the field of startup innovation technology. As Founder and Chairmanofthd I I I [ of] Companies, [the Benefic…
OCT072022_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 07, 2022
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We analyze the Applicant's inadmissibility under sections 212(a)(6)(C)(i) and 212(a)(2)(D) of the Act separately below.
A. Misrepresentation
On appeal, the Applicant argues that her misrepresentation was not willful because she was simply following the advice of her visa application preparer. The misrepresentation at issue involves the Applicant applying f…
OCT072022_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 07, 2022
—
We analyze the Applicant's inadmissibility under sections 212(a)(6)(C)(i) and 212(a)(2)(D) of the Act separately below.
A. Misrepresentation
On appeal, the Applicant argues that her misrepresentation was not willful because she was simply following the advice of her visa application preparer. The misrepresentation at issue involves the Applicant applying f…
OCT062022_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 06, 2022
—
The record reflects that the Petitioner was employed as an HV AC Project Engineer withl I I I at the time of filing in January 2021, and that he joined! I in a similar role shortly thereafter. He earned his bachelor of engineering degree in polymer materials and engineering froml IUniversityl in China in 2012, and a master of science in mechanical engineeri…
OCT062022_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 06, 2022
—
The Petitioner states that he is an electrical engineer specializing in electric vehicle technology, with multiple patents for electric vehicle! I methods. His proposed endeavor is to"leverage [his] track record of successful industry innovation and government-recognized expertise regarding the technological roadmap for next-generation electric vehicles in…
OCT062022_01C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 06, 2022
—
SIJ classification may only be granted upon the consent of OHS, through USCIS, when petitioners meet all the other eligibility criteria. Section 101(a)(27)(J)(i)-(iii) of the Act. To warrant USCIS' consent, juveniles must establish that a primary reason the required juvenile courtdeterminationswere sought was to obtain relief from parental abuse, neglect, a…
OCT062022_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 06, 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. The approval of his application is conditioned upon departure from the United States and will have no effect if the Applicant does not depart. The record indicates that the Applic…
OCT062022_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 06, 2022
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A. Immigration History
In the Applicant's home country, she was in a common-law marriage in which she had one child. She indicated under the previous law, the government acknowledged common-law marriage as de facto or actual marriage, but that law changed in 1994. She further states that she and her common-law spouse have been separated since 1999, and this…
OCT062022_02B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 06, 2022
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A. Member of the Professions Holding an Advanced Degree In denying the petition, the Director did not address the Petitioner's eligibility for classification 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 101(a)(32) of the Act, as well as…