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JUL072022_02B6203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 07, 2022
—
As indicated in the above regulation, the Petitioner must establish its continuing ability to pay the proffered wage from the priority date of the petition onward. 2 In this case the proffered wage is $10.50 per hour ( or $21,840 per year based on a work year of 2,080 hours) and the priority date is April 29, 2017. In determining a petitioner's ability to p…
JUL072022_03B6203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 07, 2022
—
As indicated in the above regulation, the Petitioner must establish its continuing ability to pay the proffered wage from the priority date of the petition onward. 2 In this case the proffered wage is $10.50 per hour ( or $21,840 per year based on a work year of 2,080 hours) and the priority date is April 20, 2017. In determining a petitioner's ability to p…
JUL072022_05B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 07, 2022
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The issue before us is whether the Petitioner established its continuing ability to pay the proffered wage from the priority date of the petition onward. In this case the proffered wage is $17,202 per year, and the priority date is March 9, 2 0 I 7. 1 In determining a petitioner's ability to pay the proffered wage, USCIS first examines whether the beneficia…
JUL062022_01D7101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 06, 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. § 103.5(a)(l)(i). In this case, the prior decision is our decision dated December 8, 2020, in which we dismissed the Petitioner's combined motion to reopen and motion to reconsider. The issue before us is whether the Petitioner has present…
JUL062022_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 06, 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. § 103.5(a)(l)(i). The issue before us is whether the Petitioner has submitted new facts to warrant reopening or has established that our decision to dismiss the prior combined motion was based on an incorrect application of law or USCIS po…
JUL062022_02B6203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 06, 2022
—
As indicated above, the Petitioner must establish its continuing ability to pay the proffered wage from the priority date2 of the petition onward. In this case the proffered wage is $10.50 perhour(or$21,840 per year based on a work year of 2,080 hours) and the priority date is April 20, 2017. In determining a petitioner's ability to pay the proffered wage,…
JUL052022_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 05, 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. § 103.5(a)(l)(i). The issue before us is whether the Petitioner has submitted new facts to warrant reopening or has established that our decision to dismiss the prior motion to reconsider was based on an incorrect application of law or USC…
JUL052022_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 05, 2022
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The Petitioner, a citizen of Brazil, was placed into removal proceedings in 12002. He married his U.S. citizen spouse, R-G-, 1 inl I 2016 while he was in removal proceedings. The Petitioner subsequently filed his VA WA petition in July 2018. The Director issued a notice of intent to deny (NOID), notifying the Petitioner that a USCIS investigation revealed d…
JUL052022_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 05, 2022
—
The issue before us is whether the Applicant has submitted new facts supported by documentaty evidence sufficient to warrant reopening his appeal or established that our decision to dismiss the appeal was based on an incorrect application oflaw or USCIS policy. We dismissed the appeal based on a determination that the Applicant is inadmissible under section…
JUL052022_01H6212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 05, 2022
—
The issue before us is whether the Applicant has submitted new facts supported by documentaty evidence sufficient to warrant reopening his appeal or established that our decision to dismiss the appeal was based on an incorrect application oflaw or USCIS policy. We dismissed the appeal based on a determination that the Applicant is inadmissible under section…
JUL052022_02B9204
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 05, 2022
—
The Petitioner filed his VA WA petition in April 2018. On March 29, 2021, the Director denied the petitioner, concluding that the Petitioner had not established good moral character. Specifically, the Director noted that a Request for Evidence (RFE) has been issued in August 2020, asking the Petitioner to submit additional evidence ofhis good moral characte…
JUL052022_02H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 05, 2022
—
The Applicant was found inadmissible under section 212(a)(2)(A)(i)(II) of the Act, for a controlled substance violation. Specifically, the record establishes that the Applicant was convicted in 2018 of Possession of Cannabis-20 grams or less, in violation of Florida Statutes§ 893 .13( 6)(b ). The Applicant does not contest inadmissibility on appeal. The iss…
JUL052022_02H4212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 05, 2022
—
The issue presented on appeal is whether the Applicant is eligible to obtain conditional approval of his application for permission to reapply in the exercise of discretion. As explained below, we will remand the matter to the Director for the entry of a new decision. In the decision to deny the Applicant's request for conditional approval of his applicatio…
JUL052022_03B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 05, 2022
—
In this case, the Petitioner, a citizen of Tanzania, indicated on his VA WA petition that he had been married only once and that his abuser, C-L-B-, 1 had been married two times. 2 In supportofhis VA WA petition, the Petitioner submitted, in pertinent part, a copy of his marriage ce1iificate to C-L-B- and a copy of his ma1riage annulment from his first wife…
JUN302022_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 30, 2022
—
The Petitioner is an artist who specializes in _________ painting. Because she has not indicated or established that she has received a major, internationally recognized award, she must satisfy at least three of the alternate regulatory criteria at 8 C.F.R. § 204.5(h)(3)(i)-(x). Initially, the Petitioner claimed that she could satisfy the following criteria…
JUN302022_01D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 30, 2022
—
The Applicant is a native and citizen of Mexico who entered the United States in or around 1994, received an H-2B visa in 2000, and has departed and returned many times in H-2B status. The Applicant filed his T application in February 2020.
A. The Applicant's Trafficking Claim
The Applicant explained in his personal statements that he started working in th…
JUN292022_01B3203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 29, 2022
—
A. Whether the Beneficiary is Recognized Internationally as Outstanding in Her Academic Area The Beneficiary received her Ph.D. in Chemistry from I University in in May 2016. She served as a "Senior Analytical Chemist" (June 2016 - August 2018) and "Analytical Scientist" (August 2018 - October 2018) atl l(an analytical testing services laboratory) and also…
JUN292022_01D12101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 29, 2022
—
The Applicant is a citizen of El Salvador who last entered the United States without inspection, authorization, or parole with the aid of smugglers in June 2014. He filed his T application in July 2019.
A. The Applicant's Trafficking Claim
In his personal statements in support of his T application, the Applicant stated that he made the decision to come to…
JUN292022_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 29, 2022
—
The Applicant does not contest the finding of inadmissibility for a crime involving moral turpitude, a determination supported by the record. Instead, the issues on appeal are whether the Applicant's qualifying relatives would experience extreme hardship if the waiver were denied and whether he merits approval of a waiver as a matter of discretion. We have…
JUN292022_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 29, 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…
JUN282022_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 28, 2022
—
The Petitioner, a native and resident of El Salvador, filed her VA WA petition in December 2017, based upon a marriage to her former spouse E-A, 1 an LPR. The record reflects that she divorced E-A- in 2015, within the two years preceding the filing of her VA WA petition. The Director denied the petition, concluding that the Petitioner did not establish a qu…
JUN282022_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 28, 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(j) before he departs.1 He does not contest that he will become inadmissible under section 212(a)(9)(A)(ii) of the Act upon departure for having been previously ordered removed. The only issue on appeal, the…
JUN282022_02B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 28, 2022
—
The Petitioner, a native and citizen of Kenya, entered the United States with a B-2 nonimmigrant visa in July 2003. The Petitioner married T-R-, 1 a U.S. citizen, in[==:]2010, and claimed to have resided with her from 2010 to September 2016. The Petitioner filed his VAWA petition in February 2018 and the Director approved it in January 2020. The Director is…
JUN272022_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 27, 2022
—
In our February 2021 decision, we concluded that the Petitioner had not established its continuing ability to pay the proffered wage of the instant Beneficiary and the proffered wages of all its other 1140 beneficiaries from the priority date of November 17, 2016, onward. Because USCIS records indicated that the Petitioner had filed numerous other 1-140 pet…
JUN272022_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 27, 2022
—
In her initial affidavit submitted with her VA WA petition, the Petitioner explained that in mid-September 2016, when visiting the United States, she met a man named T-R-1 in a coffee shop. She stated that T-R- introduced her to his brother, J-R-, and that she and J-R-talked through FaceTime almost every day after she returned to Bangladesh. She described t…