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JUL182022_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 18, 2022
—
The Applicant, a native and c1t1zen of Mexico, entered the United States without inspection, admission, or parole in September 2006. In October 2016, USCIS granted the Applicant U nonimmigrant status, based on an incident of domestic violence she suffered in 2007. The Applicant timely filed the instant U adjustment application in October 2020. The Director…
JUL182022_01B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 18, 2022
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The Petitioner is an attorney specializing in international dispute resolution. He holds four master of laws degrees, and is licensed to practice law in China and the states of California and New York. He states that he has already opened a partnership in the United States to practice law in this area, and will continue to do so while also pursuing opportun…
JUL182022_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 18, 2022
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As noted above, the Director concluded that the record does not establish that the Petitioner qualifies for classification as an individual of exceptional ability. Specifically, the Director concluded that the record satisfies the criterion at 8 C.F.R. § 204.5(k)(3)(ii)(C) but it satisfies none of the other criteria at 8 C.F.R. § 204.5(k)(3)(ii)(A)-(F), of…
JUL182022_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 18, 2022
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The Petitioner filed the Form 1-140 on July 18, 2019, and it checked the box at Part 2.1.f indicating that the petition was being filed for a skilled worker. The petition was accompanied by an ETA Form 9089, Application for Permanent Employment Certification (labor certification), with a priority date of May 15, 2019. Section Hof the labor certification spe…
JUL182022_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 18, 2022
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The Petitioner, a native and citizen of El Salvador, was placed into removal proceedings in 2008. The immigration court subsequently ordered the Petitioner removed from the United States, and in June 2017, the Board oflmmigration Appeals (the Board) affirmed the decision. The Petitioner submitted an Indiana marriage certificate showing that he married , L-B…
JUL182022_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 18, 2022
—
A. Relevant Facts and Procedural History Inl 12016, when the Petitioner was 20 years old, the New York Family Court for I I (Family Court) appointed guardianship of the Petitioner to S-K-, 1 finding that such appointment "shall last until the [Petitioner's] 21st birthday." On the same day, the Family Court issued a separate order titled ORDER-Special Immigr…
JUL182022_01H4212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 18, 2022
—
The record reflects that between 2003 and 2008, the Applicant made multiple attempts to enter the United States without inspection and was voluntarily returned on each occasion. In October 2008, he attempted to enter the United States without inspection, and inl 12008, he was expeditiously removed. In 2009, the Applicant again attempted to enter the United…
JUL182022_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 18, 2022
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The issue on motion is whether the Applicant has presented new facts or evidence sufficient to demonstrate that she is eligible to obtain a waiver of inadmissibility. We incorporate our prior decisions by reference and will repeat only certain facts and evidence as necessary to address the Applicant's claims on motion. As previously discussed, an applicant…
JUL182022_02B6203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 18, 2022
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A. The Beneficiary's Experience
The Director determined that the Petitioner had not demonstrated that the Beneficiary possessed the requisite three months of experience performing outdoor physical labor in the job offered. In its initial filing, the Petitioner provided a letter from I I which stated that the Beneficiary performed maintenance work for her fr…
JUL182022_02B9204
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 18, 2022
—
In this case, the Petitioner married G-J-B-1, a U.S. citizen, inl I 2018. She filed the instant VAWA petition in June 2019 based on a claim of battery and extreme cruelty by her U.S. citizen spouse. The Director denied the VA WA petition, concluding that the Petitioner did not establish she resided with her abuser spouse or that she married her U.S. citizen…
JUL182022_02C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 18, 2022
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A. Relevant Facts and Procedural History When the Petitioner was 20 years old, the Judicial District Court for the New Mexico (district court), entered an Order for Declaratory Judgment (declaratory judgment) declaring that the Petitioner "is a juvenile under federal immigration law," and is dependent on the district court. The district court held that the…
JUL182022_03B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 18, 2022
—
In this case, the Petitioner married N-D-W1, a U.S. citizen, inl I 2017. He filed the instant VAWA petition in July 2019 based on a claim of battery and extreme cruelty by his U.S. citizen spouse. In Part 10 of his VA WA petition, the Petitioner indicated that he lived with N-D-W- from January 201 7 to October 201 7. In support of the VA WA petition, the Pe…
JUL182022_03C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 18, 2022
—
A. Relevant Facts and Procedural History In 201 7, when the Petitioner was 19 years old, the New York Family Court for ____ (Family Court) appointed guardianship of the Petitioner to L-M-V-H-, 1 finding that such appointment"shall last until the [Petitioner's] 21 st birthday." On the same day, the Family Court issued a separate order titled ORDER-SPECIAL IM…
JUL182022_04B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 18, 2022
—
The Petitioner, a native and citizen of Mexico, who claims to have entered the United States without inspection, admission, or parole in 1996, filed the instant VA WA petition in November 2018 based on her marriage to A-I-V-, 1 a U.S. citizen. The record indicates the Applicant was arrested for driving while intoxicated (DWI) in I and 2018. As evidence rela…
JUL152022_01B9204
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 15, 2022
—
The Petitioner, a native and citizen of Mexico, filed a VA WA petition in January 2018 based on his I 2016 marriage to L-J-B-,1 a U.S. citizen. The Director denied the VAWA petition, concluding that he had not established the requisite qualifying relationship with a U.S. citizen spouse and therefore his cmresponding eligibility for immigrant classification…
JUL152022_01C1101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 15, 2022
—
We will dismiss the Petitioner's motion to reconsider the matter because it has not "state [ d] the reasons for reconsideration" or "establish[ ed] that [ our previous] decision was based on an incorrect application of law or [U.S. Citizenship and Immigration Services (USCIS) or Department of Homeland Security] policy." 8 C.F.R. § 103.5(a)(3). The Petitione…
JUL152022_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 15, 2022
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The record includes the Applicant's birth certificate demonstrating that he was born in Mexico in I 968 to a U.S. citizen mother and a Mexican citizen father; it also contains a marriage certificate showing that J-Q-M-, 2 the Applicant's U.S. citizen mother and his Mexican citizen father were married in 1967, prior to his birth. The Director determined that…
JUL152022_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 15, 2022
—
The Applicant filed a Form I-601, Application for Waiver of Grounds of Inadmissibility (waiver application), in January of 2018. In July of 2019, while the waiver application was pending, the Applicant's lawful permanent resident spouse, the only qualifying relative for purposes of the waiver application, passed away. The Director denied the waiver applicat…
JUL152022_02H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 15, 2022
—
In this case, the Director found that the Applicant had submitted a counterfeit divorce decree with a previous Form I-130, Petition for Alien Relative (receipt number , filed b his second wife on his behalf, and Form 1-485 adjustment application (receipt number I I. The Director therefore concluded that the Applicant was inadmissible for having willfully ma…
JUL152022_03B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 15, 2022
—
There are four primarily relevant business entities involved in this case as the Director and the Petitioner have identified: _____________
I I doing business as __ (altematively._l __ or the Petitioner); and HQ). In 2005 ,I I acquired all of the corporate stock of c=J I I was a rovider of media buying and selling software. When !purchased 100 percent o st…
JUL142022_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 14, 2022
—
As noted above, the sole ground for dismissal identified in our most recent appeal decision, and addressed in the motions, is that the Beneficiary did not possess the required two years of experience in the offered job of network administrator by the priority date of the petition, which is July 5, 2006. In support of claimed qualifying experience, a petitio…
JUL142022_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 14, 2022
—
The Petitioner, a native and citizen of Macedonia, married C-L-, 1 a U.S. citizen, in 2017. He filed this VA WA petition based on his marriage to C-L- in January 2019. With the petition, and in response to the Director's request for evidence, the Petitioner submitted personal statements, affidavits of support, financial records, civil documents , photograph…
JUL142022_01D9101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 14, 2022
—
In denying the petition, the Director discussed the seven criteria set forth in 8 C.F.R. 214 .2(p)(4)(2)(B)(2) and found that the Beneficiary met the criterion of 8 C.F.R. § 214.2(p)(4)(ii)(B)(2)(vii) by winning the I I championship belt. Upon review of the record, we agree with the Director's finding. However, the Director determined that the Petitioner di…
JUL142022_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 14, 2022
—
As a preliminary matter, we note that by regulation, the scope of a motion is limited to "the prior decision." 8 C.F.R. § 103.S(a)(l)(i). The issue before us is whether the Applicant has submitted new facts to warrant reopening or has established that our decision to dismiss the prior appeal was based on an incorrect application of law or USCIS policy. We t…
JUL142022_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 14, 2022
—
The Applicant is currently in the United States and seeks conditional approval of his application pursuant to the regulation at 8 C.F.R. § 212.2(j) before he departs. The approval of Form 1-212 under these circumstances is conditioned upon the Applicant's departure from the United States and would have no effect if he failed to depart. The only issue on app…