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Showing 4926–4950 of 7923 (page 198 / 317)
AUG262022_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 26, 2022
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The only issue on appeal is whether the Applicant is eligible for permission to reapply for admission into the United States. As discussed below, because the Applicant was convicted of possession of cocaine with intent to sell, a controlled substance violation, we conclude that the Applicant is inadmissible under section 212(a)(2)(A)(i)(II) of the Act, 8 U.…
AUG262022_01H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 26, 2022
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The Applicant sought to procure admission to the United States onl 12002, by presenting an altered Colombian passport belonging to another individual. Therefore, the Director correctly found the Applicant inadmissible under section 212(a)(6)(C)(i) of the Act due to fraud or misrepresentation. The Applicant does not contest the Director's inadmissibility fin…
AUG262022_02C6101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 26, 2022
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In January 2017, the Petitioner entered the United States without inspection and was placed in the custody of the Office of Refugee Resettlement (ORR) within U.S. Department of Health and Human Services. In April 2017, ORR released him to the care of a distant relative, I-U-.2 In 2017, the State of Michigan's Probate Court inl I issued an order appointing I…
AUG262022_02E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 26, 2022
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The Applicant filed his Form N-600K in August 2021. The Director denied the application, concluding that the Applicant had not shown that his father is a U.S. citizen because the name listed on the Applicant's Syrian birth certificate for his father, Z-A-D-, did not match the name, M-Z-A-D-, that was listed on the California birth certificate he claimed bel…
AUG262022_02H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 26, 2022
—
The issues on appeal are whether the Applicant is inadmissible under section 212(a)(6)(C)(i) of the Act for fraud or misrepresentation and if so, whether she has established extreme hardship to her lawful permanent resident spouse. First, we will address whether the Applicant is inadmissible under section 212(a)(6)(C)(i) of the Act for fraud or misrepresent…
AUG252022_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 25, 2022
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The Beneficiary earned a doctorate in speech language pathology from the Universi India, in 2013. From 2016 to 2020, the Beneficiary served on the facul o Institute of Speech and Hearing I I affiliated withl !University in India. The Beneficiary entered the United States in January 2020 to work for ________ in H-lB nonimmigrant status. In August 2020, still…
AUG252022_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 25, 2022
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A. Relevant Facts and Procedural History The Petitioner, a native and citizen of Guatemala, last entered the United States in January 1999 without inspection, admission, or parole. In I 2016, when the Petitioner was 17 years old, the District Court for the I Judicial District in I Texas (District Court) issued an ORDER OF DEPENDENCY AND FINDINGS (declarator…
AUG252022_01D2101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 25, 2022
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The record reflects that on June 28, 2021, the Petitioner filed a petition seeking a cap-subject H-lB visa on behalf of the Beneficiary, which was approved on July 6, 2021.1 On June 30, 2021, the Petitioner filed a second cap-subject H-1 B petition for the Beneficiary - which is the petition before us on appeal. The instant petition was approved on July 7,…
AUG252022_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 25, 2022
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The record reflects that the Applicant entered the United States in 1987 as a F-1 nonimmigrant student and became a lawful permanent resident in 1998 based on his 1997 marriage to his current spouse. In 2007 the Applicant was ordered removed by an immigration judge based on a finding of deportability under section 23 7 (a)( 1 )( A)/212( a)( 6)( C)(i) for mi…
AUG252022_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 25, 2022
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The Petitioner indicated on ETA Form 9089, Application for Permanent Employment Certification, that it seeks to employ the Beneficiary as a food scientist and technologist. The Director determined that the Beneficiary qualified as a member of the professions holding an advanced degree but denied the petition because the Petitioner did not establish that the…
AUG242022_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 24, 2022
—
The Petitioner is currently a doctoral student and teaching assistant at the University! I I I and has stated that he intends to pursue a teaching career at this or another institution. He holds a Master of Science degree in mathematics from and another from the I I University ofl I A. Motion to Reconsider A motion to reconsider must establish that our deci…
AUG242022_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 24, 2022
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The Petitioner was born onl I 1997. Inl I 2018, when the Petitioner was 20 years old, the Family Court of the State of New York, in thel I issued an order titled OrderSpecial Immigrant Juvenile Status. In its order, the Court appointed a guardian for him upon determining that he was a vulnerable youth based on abandonment and neglect by his parents. The cou…
AUG242022_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 24, 2022
—
A. Facts and Relevant History In May 2016, the Petitioner filed the instant U petition. In support of her claim, the Petitioner submitted a Form I-918, Supplement B, U Nonimmigrant Status Certification (Supplement B), as well as her personal statement and an investigative report from the police department. The original Supplement B checked a box to indicate…
AUG242022_01H2212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 24, 2022
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The Director determined that the Applicant was inadmissible under section 2 l 2(a)(2)(A)(i) of the Act because he was convicted of CIMTs, including a 2001 conviction for battery with serious bodily injury in violation of section 243(d) of the California Penal Code (CPC) and a 2001 conviction for grand theft in violation of section 487( a) of the CPC. The co…
AUG242022_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 24, 2022
—
In denying the Form 1-212, the Director concluded that the Applicant attempted to enter the United States onl I 1998, but he was ordered removed under section 235(b)(l) of the Act the same
date and then subsequently entered the United States without inspection on March 8, 1998. The Director acknowledged the Applicant's contention that he withdrew his appli…
AUG242022_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 24, 2022
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The Petitioner is al I competitor and coach who has competed in numerous national and international competitions. He intends to enter the United States to work as al I coach. Because the Director found that the Petitioner did not establish that he received a major, internationally recognized award under the regulation at 8 C.F.R. § 204 .5(h)(3), he must sat…
AUG242022_02B6203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 24, 2022
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The Petitioner is a printing business that was established in 2009 and has approximately seven employees. The instant petition was filed with USCIS on December 28, 2020, accompanied by a labor certification that was filed with the DOL on March 17, 2020, and certified on July 21, 2020. The petition was denied on October 8, 2021. With respect to the basis for…
AUG232022_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 23, 2022
—
The Petitioner earned a degree in architecture from the National University Argentina, in 1997 and established her own architectural studio in that country, while also serving for ten years onl I faculty. The Petitioner entered the United States in 2014 as a B-2 nonimmigrant visitor, and later changed her status to that of an F-1 nonimmigrant student. Since…
AUG232022_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 23, 2022
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A. Advanced Degree Professional
As noted above, the regulation at 8 C.F.R. § 204.5(k)(2) indicates that "[a] United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree." In addition, the regulation at 8 C.F.R. § 204.5(k)(…
AUG232022_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 23, 2022
—
The Petitioner, a native and citizen of Mexico, married her U.S. citizen spouse, K-D-R-, 1 in ___ 2016, while the Petitioner was in removal proceedings. The Petitioner filed her VA WA petition in April 2018. The Director denied the petition, concluding the Petitioner had not met her burden of establishing by clear and convincing evidence that she entered in…
AUG232022_01D13101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 23, 2022
—
While the Director determined that the Petitioner did not satisfy the compensation requirements, the Director did not analyze the evidence under the applicable provision of the regulation, which is 8 C.F.R. § 214.2(r)(l 1). Instead, the Director relied on 8 C.F.R. § 214.2(r)(12), Evidence of Previous R-1 Employment, to find that the Petitioner did not satis…
AUG232022_01H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 23, 2022
—
The Applicant was found inadmissible under section 212(a)(6)(C)(i) of the Act for fraud or misrepresentation and he does not contest that finding on appeal. 1 The issue on appeal is whether the Applicant has established extreme hardship to his U.S. citizen spouse. We find that the record establishes that the Applicant's spouse would experience extreme hards…
AUG232022_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 23, 2022
—
The issue on appeal is whether the position offered on the petition is the same or similar to the position that the DOL certified. A labor certification remains valid only for the particular job opportunity, the foreign national, and the geographic area of intended employment stated on it. 20 C.F.R. § 656.30(c)(2). If a job opportunity changes during a peti…
AUG232022_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 23, 2022
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A. Revocation of Immigrant Visa Petition Approval In determining whether the offered position qualifies for advanced degree professional classification, we look to the terms of the labor certification. The minimum education, training, experience, and other requirements for the offered position are set forth at section H: H.4. Education: Master's degree in c…
AUG232022_04B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 23, 2022
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A. Eligibility for the Requested Classification 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. For the reasons discussed below, we withdraw the Director's c…