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Showing 5051–5075 of 7923 (page 203 / 317)
JUL272022_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jul 27, 2022 As stated, a motion to reopen must be based on new facts which are supported by documentary evidence. See 8 C.F.R. § 103.5(a)(2). We interpret "new facts" to mean those that are relevant to the issues raised on motion and that have not been previously submitted in the proceeding, which includes the original petition. With the present motion, the Petitioner…
JUL272022_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jul 27, 2022 The Director found the Applicant, a citizen of the Dominican Republic, inadmissible for willful misrepresentation of his marital status on his nonimmigrant visa application. The Applicant does not contest the finding of inadmissibility on appeal. The issues on appeal are whether the Applicant has established extreme hardship to his U.S. citizen spouse and w…
JUL272022_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jul 27, 2022 The Petitioner is a software developer. Although not discussed by the Director in his decision, the record shows that he qualifies as a member of the professions with an advanced degree or equivalent 4 He initially indicated his intent to work as a software developer for a U.S. company, but in response to the Director's request for evidence (RFE) he stated…
JUL262022_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jul 26, 2022 The Petitioner filed his U petition with a Supplement B signed and certified by the _____ (Minnesota) Attorney's Office, based upon anl 12013 incident whereby he was assaulted. In response to Part 3.1 of the Supplement B, which provides check boxes corresponding to the 28 qualifying crimes listed in section 10l(a)(15)(U)(iii) of the Act, the certifying offi…
JUL262022_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jul 26, 2022 The issue on appeal is whether the Applicant is eligible for a waiver of inadmissibility under section 212(h) of the Act. We find that the Applicant is not statutorily eligible for a waiver of inadmissibility under section 212(h) of the Act. The record establishes that the Applicant was admitted to the United States as a lawful permanent resident in May 199…
JUL262022_02B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jul 26, 2022 To be eligible for professional classification, the labor certification must require, at a minimum, a U.S. bachelor's degree or a foreign equivalent degree. See 8 C.F.R. § 204.5(1)(3)(i). For the reasons discussed below, we agree with the Director that the labor certification does not support the requested classification. 2 Upon consideration of the entire…
JUL262022_02D14101
Remanded
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jul 26, 2022 A. Relevant Evidence and Procedural History The Petitioner filed his U petition in March 2016 with a Supplement B signed and certified by the lieutenant in the I Police Department inl California ( certifying official). The certifying official checked a box indicating that the Petitioner was the victim of felonious assault and criminal activity involving or…
JUL262022_02H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jul 26, 2022 The issue on motion is whether the Applicant has shown new facts or evidence sufficient to demonstrate that she merits a waiver of inadmissibility or that our decision was based on an incorrect application of law or policy based on the evidence in the record at the time of the decision. We incorporate our prior decision by reference and will repeat only ce1…
JUL252022_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jul 25, 2022 A. Exceptional Ability The Petitioner seeks employment as an IT coordinator, asserting that he "will make important contributions to the U.S. through introducing automated purchasing processing systems and infrastructure services through his company, [E-]. As stated above, the first step to establishing eligibility for a national interest waiver is demonstr…
JUL252022_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jul 25, 2022 The Petitioner's sole proprietor, Mr. P-, owns three UPS stores in thel I metropolitan area. The record indicates that he purchased his initial store in 2005, acquired two more in 2007, sold the initial store in 2008, and purchased one more store in 2012. As a sole proprietor, Mr. P- operates his three stores under a single federal employer identification n…
JUL252022_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jul 25, 2022 A. Relevant Background and Procedural History The Petitioner is a native and citizen of Bangladesh who first entered the United States on a student visa in August 2013. In support of his VAWA petition, the Petitioner submitted a personal statement dated February 2019, which stated the following: he met V-M-,1 a native-born U.S. citizen, in December 2013 at…
JUL252022_01D14101
Remanded
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jul 25, 2022 A. Relevant Evidence and Procedural History The Petitioner filed his U petition in May 2016. In the underlying record, the Petitioner submitted a Supplement B, which was certified in January 2016 by a chief assistant prosecutor at thel I L___JProsecutor' s Office in I Michigan ( certifying official). In response to Part 3 .1 of the Supplement B, which provi…
JUL252022_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jul 25, 2022 The Applicant does not contest the finding of inadmissibility for crimes involving moral turpitude, a determination supported by the record.2 Instead, the issues on motion are whether the Applicant has established eligibility for a waiver of inadmissibility pursuant to section 212(h)(l)(A) or 212(h)(l)(B) of the Act and whether she merits a favorable exerci…
JUL252022_01H4212
Remanded
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jul 25, 2022 The record reflects that onl I 2005, the Applicant, who was 16 years old, was apprehended, detained, and placed into removal proceedings upon attempting to enter the United States without inspection. She was released from detention into the custody of her brother-in-law onl I 2005.1 She did not attend her removal hearing onl 2005, and was ordered removed in…
JUL252022_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jul 25, 2022 The issue on appeal is whether the Applicant has demonstrated that his spouse would experience extreme hardship. The Applicant does not contest the finding of inadmissibility, a finding supported by the record.1 We have considered all the evidence in the record and conclude that it does not establish that the claimed hardships rise to the level of extreme h…
JUL252022_02B6203
Remanded
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jul 25, 2022 The issue on appeal is whether the Beneficiary had the required 12-month job experience at the time of the filing of the labor certification. A petition for unskilled "other worker" classification must be accompanied by evidence that the beneficiary meets any educational, training, experience, or other requirements of the labor certification. 8 C.F.R. § 204…
JUL252022_02H2212
Remanded
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jul 25, 2022 The record reflects that the Applicant was charged with object sexual penetration and sexual battery under sections 18.2-67.2 and 18.2-67.4 of the Annotated Code of Virginia (Va. Code Ann.) in relation to a 2019 incident. The Applicant pled guilty to the sexual battery charge in 2020. Va. Code Ann. § 18.2-67.4 provides, in pertinent part, "[a]n accused is g…
JUL252022_02H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jul 25, 2022 On this motion to reconsider, the Applicant again contends that our previous dismissal was in error because he is not inadmissible to the United States under section 212(a)(6)(C)(i) of the Act and that, in the alternative, he has established his eligibility for the waiver under section 212(i) based on a claim of extreme hardship to his lawful permanent resi…
JUL222022_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jul 22, 2022 The Applicant, a native and citizen of Honduras, was granted U nonimmigrant status from June 25, 2013, until June 24, 2017. The Applicant initially filed his U adjustment application on June 19, 2017, and USCIS issued a rejection notice dated June 23, 2017, which informed the Applicant of the deficiencies in his filing. The Applicant resubmitted his U adjus…
JUL222022_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jul 22, 2022 The record reflects that in May 2019, the Petitioner, a citizen of Nigeria, filed a VAWA petition wherein she indicated that she had been married two times. In 2021, through a request for evidence (RFE), the Director informed the Petitioner that the record did not contain evidence establishing that her first marriage was legally terminated prior to the ince…
JUL222022_01D13101
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jul 22, 2022 We dismissed the Petitioner's appeal on April 19, 2021. On June 29, 2021, 71 days after we dismissed the appeal and served the dismissal on the Petitioner via mail, the Petitioner submitted its first motion filing. In response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services (USCIS) has extended filing deadline for Forms I-2…
JUL222022_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jul 22, 2022 The Petitioner filed a U petition in January of 2016. According to his sworn declaration, in l __ of 2014, he received a frantic telephone call from his older son informing him that his younger son (who was twelve years old at the time), had been hit by a car and taken to the hospital. The Petitioner stated that he was told his son (the victim) had been put…
JUL222022_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jul 22, 2022 The Applicant has satisfied the conditions in sections 320(a)(l) of the Act, as his Mexican birth certificate and his mother's 1978 California birth certificate and her U.S. passport show that he was born outside of the United States to a parent who is a U.S. citizen at birth. The Applicant also meets the definition of a child under the relevant section 101…
JUL222022_01H4212
Remanded
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jul 22, 2022 The record reflects that the Applicant, a native of Guatemala, entered the United States in 1995 and filed a Form I-589, Application for Asylum and for Withholding of Removal, in 1996. Later that same year, the Applicant withdrew the Form I-589 and was granted voluntary departure, with an alternate order of removal if he did not depart. The Applicant did no…
JUL222022_02D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing v3_no_parsed_rules_gpt5mini_med: Missing
Jul 22, 2022 The Petitioner filed his U petition in March of 2016. In the personal statement, he explained that on I I 2005, he and his family came home from dinner at a family member's house to find that their front door had been broken into and their house "looked like it was flipped upside down." He described contacting the police despite feeling scared to file a rep…
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