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AUG162022_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 16, 2022
—
The Applicant, a 46-year-old native and citizen of Mexico, last entered the United States without admission or parole in March 2013. In May 2013, the Director granted the Applicant U-1 nonimmigrant status. The Applicant timely filed the instant U adjustment application in August 2017. In March 2019, the Director issued a decision denying this application, c…
AUG162022_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 16, 2022
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The Petitioner received her Ph.D. in plant pathology from the University I I in 2006, and has focused her research in the _____________ tropical fruits including pineapples and bananas. She submitted evidence showing her intentto continue working in her field in the United States.
A. Evidentiary Criteria
Because the Petitioner has not indicated or establis…
AUG162022_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 16, 2022
—
A . Facts and Procedural History
The Petitioner, a native and citizen of Mali, filed his VA WA petition in January 2019 based on his 2011 marriage to a U.S. citizen, K-A-, 1 with whom he claims he resided from September 2010 until September 2018. In support of his VA WA petition he submitted personal affidavits along with affidavits from two friends; a lea…
AUG162022_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 16, 2022
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A. Relevant Facts and Procedural History The Petitioner, a native and citizen of Mexico, filed her U petition with a Supplement B signed by the Deputy Chief (certifying official) ofthel I Illinois Police Department (certifying agency), based on anl 12015 incident involving a home invasion. In response to Part 3 .1 of the Supplement B, which provides check b…
AUG162022_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 16, 2022
—
The Applicant has established that she meets at least one requirement for acquisition of citizenship at birth under section 201 of the 1940 Act. Specifically, birth certificate evidence reflects that she was born outside of the United States in 1945. Moreover, because she was born out of wedlock and the record is absent evidence that her father legitimated…
AUG162022_01G1103
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 16, 2022
—
The two issues on appeal are: (1) whether ICE properly served written notice to the Obligor to deliver the bonded noncitizen; and (2) whether the Obligor substantially violated the terms of the delivery bond. However, as a preliminary matter, we must first address the procedural history of the Form I-290B, Notice of Appeal or Motion. The Sioux Falls, South…
AUG162022_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 16, 2022
—
The issues on appeal are whether the Applicant is inadmissible under section 212(a)(2)(A)(i) of the Act, whether he has established extreme hardship, and whether he merits a waiver as a matter of discretion. We note that while the Applicant has primarily addressed hardship to his U.S. citizen spouse, he has a U.S. citizen daughter with his spouse and two U.…
AUG162022_02B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 16, 2022
—
The record reflects that the Petitioner, a native and citizen of the Dominican Republic, married V-S- 1 a U.S. citizen, in 2015. In November 2017, he filed the instant VAWA petition based on this marriage. The Director denied the petition, determining that the Petitioner had not demonstrated he entered into the marriage with V-S- in good faith. The Director…
AUG162022_02D14101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 16, 2022
—
The Petitioner filed her U petition in July 2016 with a Supplement B certifying that in 2015, she was the victim of "Felonious Assault." When asked to provide the specific statutory citations
investigated or prosecuted, the Supplement B listed sections 163 .165 1 ( assault in the third degree), 813.010 (driving under the influence), 811.140 (reckless drivi…
AUG152022_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 15, 2022
—
The Petitioner, a citizen of Canada, married his U.S. citizen spouse, K-G-,1 inl I 2012. K-G- filed multiple Forms I-130, Petition for Alien Relative, on his behalf, and associated Forms I-485, Application to Register Permanent Residence or Adjust Status, which were all denied. The record reflects the denials were based on derogatmy information obtained dur…
AUG152022_01D13101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 15, 2022
—
As noted, we dismissed the Petitioner's first motion filing on April 3, 2020. On July 28, 2021, 481 days after being served the April 2020 decision, the Petitioner filed its second motion filing, a motion to reconsider the matter. We dismissed that motion as untimely filed. The Petitioner now urges us to reconsider our adverse decision that deemed its July…
AUG152022_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 15, 2022
—
The Petitioner acknowledges entering the United States without inspection, authorization, or parole in 1997. The record further reflects that the Petitioner was arrested on several occasions for various immigration and criminal charges, including one that resulted in a conviction for the offense of battery of a current or former significant other under sect…
AUG152022_01D8101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 15, 2022
—
On appeal, the Petitioner submits two separately filed briefs addressing only one of the four grounds for the Director's denial. Specifically, the Petitioner contends that the Beneficiary meets at least three of the categories of evidence. However, the Petitioner does not dispute or contest the Director's decision regarding the contract requirement, the nat…
AUG152022_01H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 15, 2022
—
The Applicant was found inadmissible under section 212(a)(6)(C)(i) of the Act for fraud or misrepresentation and she does not contest that finding on appeal. 1 The Applicant asserted in her waiver application that D-P-, 2 a U.S. citizen, is her mother and qualifying relative for her waiver application, and her mother would experience extreme hardship if she…
AUG152022_01M1244
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 15, 2022
—
The sole issue on appeal is whether the Applicant has established that he meets any of the eligibility criteria for late initial TPS registration set forth in the regulations at 8 C.F.R. § 244.2(f)(2). We have reviewed the record of proceedings, including the Applicant's arguments on appeal and for the reasons explained below conclude that the has not. The…
AUG122022_01H4212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 12, 2022
—
The Applicant has been found inadmissible under section 212(A)(9)(a) of the Act for having been previously ordered removed. Specifically, the record shows that she entered the United States without inspection on or about February 1, 1988. On I 2008, she was served with a Form I-862 Notice to Appear which charged her with inadmissibility under section 212(a)…
AUG112022_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 11, 2022
—
The record reflects that in November 2013, the Applicant's mother filed a Form 1-918, Supplement A, Petition for Qualifying Family Member of a U-1 Recipient (U derivative petition), on his behalf In November 2016, USCIS granted the Applicant "U-3" nonimmigrant status from November 2016 until November 2020. The Applicant timely filed the instant U adjustment…
AUG112022_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 11, 2022
—
The record reflects that the Applicant was admitted to the United States as a lawful permanent resident in 1998, he was convicted in I 2003 and in 2010 of assault with a deadly weapon under California Penal Code§ 245(a)(l), and he departed the United States pursuant to a voluntary departure order in 2011. The Director determined that the Applicant is inadmi…
AUG112022_01H4212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 11, 2022
—
The Applicant is currently in the United States and seeks conditional permission to reapply for admission pursuant to the regulation at 8 C.F.R. § 212 .2(i) before she departs. 1 She does not contest that she will become inadmissible under section 212( a )(9)(A )(ii) of the Act upon departure for having been previously ordered removed. 2 The only issue on a…
AUG102022_01B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 10, 2022
—
At issue in this proceeding is the Petitioner's claim of exceptional ability. The Petitioner's initial submission included several different types of documents, but no introductory statement to explain which of the six regulatory criteria the documents address, and howthe documents show that Petitioner satisfies those criteria. In a request for evidence (RF…
AUG102022_01D13101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 10, 2022
—
The Petitioner has not shown eligibility to classify the Beneficiary as an R-1 nonimmigrant religious worker, because it has not submitted credible and sufficient evidence showing, by a preponderance of the evidence, that the Beneficiary will "[b]]e coming to the United States to work at least in a part time position (average of at least 20 hours per week)"…
AUG102022_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 10, 2022
—
The Director found that the Petitioner qualifies as a member of the professions holding an advanced degree. The remaining issue to be determined is whether the Petitioner has established that a waiver of the requirement of a job offer, and thus of a labor certification, would be in the national interest For the reasons discussed below, the Petitioner has no…
AUG102022_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 10, 2022
—
The Director found that the Petitioner qualifies as an individual of exceptional ability. The remaining 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. The Petitioner alleges on appeal that the Director "did not apply the prop…
AUG092022_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 09, 2022
—
The Petitioner is currently employed as a resident physician in neurosurgery at the University of I I He obtained his medical degree in2012 from the University of lin Brazil, is board certified by the Brazilian Society of Neurosurgery (SBN) and the Brazilian Academy of Neurosurgery (ABNc), and obtained a license as a physician and surgeon inc=] in 2020. The…
AUG082022_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 08, 2022
—
The Petitioner served as from May 2012 until December 2014, and is a cofounder and chairman of a telecommunications company operating mainly in Africa. More recently, he founded a venture capital firm, and he states that he intends to promote "smart tax" technology to provide a source of funding for various social programs.
A. Evidentiary Criteria
Because…