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JUL142022_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 14, 2022
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The record establishes that the Applicant is a citizen of Guyana. The Director determined the Applicant was inadmissible under section 212(a)(6)(C)(i) of the Act for fraud or willful misrepresentation of a material fact, and the Applicant, who is seeking adjustment of status, therefore filed this Form 1-601 to seek a section 212(i) waiver of his inadmissibi…
JUL132022_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 13, 2022
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In our prior decision dismissing the Applicant's appeal, incorporated here by reference, we determined that because the Petitioner's divorce occurred more than two years before she filed her VA WA petition, she cannot establish a qualifying relationship with her U.S. citizen spouse and eligibility for immediate relative classification based on that relation…
JUL132022_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 13, 2022
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The Applicant is seeking conditional approval of his application under the regulation at 8 C.F.R. § 212.2(j) before departing the United States to apply for an immigrant visa.1 With the Form I-212 the Applicant submitted an affidavit from his spouse; a psychiatric report concerning his spouse; school records from his two stepsons, born in 2001 and 2005; a m…
JUL132022_03B6203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 13, 2022
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As noted above, the Director initially approved this petition, but after an onsite inspection conducted at the Petitioner's office, he issued a notice of intent to revoke (NOIR) which focused on the amount of hours the Beneficiary was working for the Petitioner at the time, as well as the nature of those duties.
A. Full-time Position
An employer must off e…
JUL132022_05B6203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 13, 2022
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The regulation at 8 C.F.R. § 204.5(g)(2) states that a petitioner must establish that it has the ability to pay the beneficiary the proffered wage from the priority date 1 onward. Documentation of ability to pay shall be in the form of copies of annual reports, federal tax returns, or audited financial statements, and in appropriate cases, additional financ…
JUL132022_06B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 13, 2022
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A. Ability to Pay the Proffered Wage The regulation at 8 C.F.R. § 204.5(g)(2) states that a petitioner must establish that it has the ability to pay the beneficiary the proffered wage, as stated on the labor certification, from the priority date 1 onward. Documentation of ability to pay shall be in the form of copies of annual reports, federal tax returns,…
JUL122022_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 12, 2022
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According to page 5 of the petition, the Petitioner invested $500,0003 in the NCE. He presented to the Chief two business plans, dated June 2016 and October 2020, respectively. 4 Page 5 of the 2016 business plan indicates that the NCE intends to fund "the establishment of a I otel and Suites in the area of Pages 8 and 9 of the 2016 business plan explain tha…
JUL122022_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 12, 2022
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In this case, the Petitioner married T-D-C 1, a U.S. citizen, inl 12012. In Part 10 of her VAWA petition, the Petitioner indicated that she lived with T-D-C- from May 2012 to July 2013 and further specified that from June 12, 2013, through July 9, 2013, she and T-D-C- lived together on I I Street inl I California. In her undated declaration, submitted with…
JUL122022_02B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 12, 2022
—
According to page 2 of the petition, the Petitioner invested $500,0003 in the NCE. He presented to the Chief two business plans, dated June 2016 and October 2020, respectively. 4 Page 5 of the 2016 business plan indicates that the NCE intends to fund "the establishment of al Hotel and Suites in the area ofl Pages 8 and 9 of the 2016 business plan explain th…
JUL112022_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 11, 2022
—
A. Facts and Procedural History The Applicant, a native and citizen of Mexico, was granted U nonimmigrant status from February 2010 until February 2014. The qualifying crimes forming the basis of his Form 1-918, Petition for U Nonimmigrant Status (U petition), were felonious assault and abduction, occurring inl I 1998. According to the U petition, the Appli…
JUL112022_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 11, 2022
—
The Petitioner has worked for various employers since 2005, as a network administrator working with a platform called SAP Basis. The Petitioner has worked in the United States since 2011, sometimes as an L-1 nonimmigrant intracompany transferee, sometimes as an H-1 B nonimmigrant worker in a specialty occupation. He has worked for various staffing services…
JUL112022_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 11, 2022
—
The Petitioner is a native and citizen of Uzbekistan who entered the United States in 2005 with an H-2B visa. In 12013 he married a U.S. citizen, G-M-S-, 1 with whom he claimed he resided from October 2012 to June 2014 at an address he listed on Form I-360 inl I New York. He filed the instant VA WA petition in January 201 7, and the Director denied the peti…
JUL112022_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 11, 2022
—
The record reflects that the U.S. Department of State (DOS) found the Applicant inadmissible under section 212(a)(9)(C)(i)(II) of the Act. When the Applicant filed Form 1-212, the Director found her statutorily ineligible for an exception to this inadmissibility under section 212(a)(9)(C)(ii) of the Act. However, the record establishes that after submission…
JUL112022_01H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 11, 2022
—
The Applicant filed a waiver application in which she checked the box in Part 4, Section A, providing that she sought to procure an immigration benefit by fraud or willful misrepresentation. In Part 4, Section C, where asked to provide a full explanation of the acts, etc. that made her inadmissible, the Applicant wrote "Please see the attached memorandum an…
JUL112022_02B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 11, 2022
—
The Petitioner is a native and citizen of Jamaica who entered the United States in 2003 as a B2 nonimmigrant visitor. Inl 12009, she married her U.S. citizen spouse, O-L-W-, 1 from whom she claims to have separated in April 2015. She filed her VA WA petition in January 2019 based on her marriage to O-L-W-, along with personal affidavits, letters of support,…
JUL112022_02H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 11, 2022
—
The issue on motion is whether the Applicant has shown that our prior decision was based on an incorrect application of law or policy and that the decision was incorrect based on the evidence in the record of proceedings at the time of the decision. We incorporate our prior decision by reference and will repeat only certain facts and evidence as necessary t…
JUL082022_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 08, 2022
—
For the reasons discussed below, we agree with the Director that the labor certification does not support the requested classification of advanced degree professional. 1 In determining whether the position offered qualifies for advanced degree professional classification, we look to the terms of the labor certification. The education, training, experience,…
JUL082022_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 08, 2022
—
The Petitioner, a native and citizen of Jamaica, filed her VA WA petition in November 2018 based upon her 2014 marriage to K-W-F-. The Director denied this petition, concluding that the Petitioner had not established that she resided with K-W-F-, as required pursuant to section 204(a)(l )(A)(iii) of the Act. The Director's decision acknowledged receipt of t…
JUL082022_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 08, 2022
—
In denying the Form 1-212, the Director determined that the Applicant is also inadmissible under the following sections of the Act: (1) section 212(a)(2){A) for his larceny and retail theft convictions which are crimes involving moral turpitude; (2) section 212(a)(2)(B) for being convicted of two or more offenses for which the aggregate sentence of confinem…
JUL082022_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 08, 2022
—
We note as a preliminary matter that the scope of a motion is limited to "the prior decision." 8 C.F .R. § 103.5(a)(l)(i). The issues before us today are whether the Applicant: (1) has established that we incorrectly applied the law or USCIS policy in dismissing her combined motion to reopen and reconsider, and (2) has submitted new facts demonstrating that…
JUL082022_02B6203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 08, 2022
—
The Beneficiary applied for a nonimmigrant visitor's visa in 2016. As the Director noted, the application for that visa requested the Beneficiary's work history for the previous five years in which he indicated he worked in the masonry industry from November of 2013 to January of 2014, and his present work was in the restaurant business. The Beneficiary ent…
JUL082022_02H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 08, 2022
—
We incorporate our prior decision by reference and will repeat only certain facts as necessary here. The Applicant is a native of Cameroon and a resident of the Netherlands. The Applicant's mother, a U.S. citizen and asylee, departed Cameroon in 2001, and left the Applicant in the care of relatives. In our prior decision, we acknowledged the Applicant's sta…
JUL072022_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 07, 2022
—
The Petitioner holds a medical degree and, as she describes it, "has extended training in the area of psychology, business coaching, and cosmetology." The record contains little information about the Petitioner's employment in her native Ukraine, but the record indicates that she owned a business there called! I The Petitioner entered the United States in 2…
JUL072022_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 07, 2022
—
The Applicant seeks to adjust her status to that of an LPR based on the Form 1-130, Petition for Alien Relative, that was filed on her behalf by her U.S. citizen husband. The record indicates that the approval of this Form 1-130 was revoked on January 15, 2020, due to the Director's finding that the Applicant had entered into her previous marriage for the p…
JUL072022_01H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 07, 2022
—
The issues on appeal are whether the Applicant is inadmissible for fraud or willful misrepresentation and whether he has demonstrated his U.S. citizen mother and LPR spouse would suffer extreme hardship upon denial of the waiver.
A. Inadmissibility
On appeal, the Applicant asserts that he is not inadmissible for fraud or willful misrepresentation because h…