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JUN272022_02B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 27, 2022
—
With respect to the basis for the Director's decision, the Petitioner's assertions on appeal are persuasive. The Petitioner must prove eligibility by a preponderance of evidence, such that the applicant's claim is "probably true" based on the factual circumstances of each individual case. Matter of Chawathe; Matter of E-M-. We find that the Petitioner has m…
JUN242022_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 24, 2022
—
In our prior decisions, incorporated here by reference, we concurred with the Director and dismissed the Applicant's appeal and motion to reopen and reconsider. Specifically, we agreed with the Director's determination that the Applicant did not warrant a favorable exercise of discretion due to his criminal history; specifically, for a 2006 arrest for shopl…
JUN242022_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 24, 2022
—
The Director found that the Petitioner did not meet at least three of the six regulatory criteria for exceptional ability at 8 C.F.R. § 204.5(k)(3)(ii). More specifically, the Director found the Petitioner only met the criteria under the criteria related to letters from former employers and salary and therefore did not qualify as an individual of exceptiona…
JUN242022_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 24, 2022
—
The instant petition was filed with USCIS on April 1, 2008, accompanied by a labor certification that was filed with the DOL on December 14, 2007, and certified on January 31, 2008. The petition was approved on December 4, 2008. However, the Director issued a notice of intent to revoke (NOIR) the approval on May 5, 2020, pointing to the Petitioner's incorre…
JUN242022_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 24, 2022
—
The Petitioner, a native and citizen of Ukraine, filed the instant VA WA petition in February 2018, based upon her marriage to O-D-, a U.S. citizen.1 As evidence of her good moral character, the Petitioner provided before the Director self-affidavits, supporting statements from those who know her, documents relating to her employment and payment of taxes, a…
JUN242022_01D6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 24, 2022
—
In order to qualify for the fiance visa, the Petitioner must demonstrate that she and the Beneficiary have a bona fide intention to marry within 90 days of the Beneficiary's entry into the United States. Id. The intended marriage cannot be for the sole purpose of obtaining an immigration benefit. In their denial, the Director observed discrepancies and omis…
JUN242022_01H4212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 24, 2022
—
The issue on appeal is whether the Applicant is subject to inadmissibility under section 212(a)(6)(B) of the Act for failing to attend her deportation hearing. The Applicant, a native and citizen of Ecuador, entered the United States in 1994 without inspection, admission, or parole. lnl 11997, the Applicant was issued an Order to Show Cause and Notice of He…
JUN242022_02H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 24, 2022
—
The Director states that, upon her departure from the United States, the Applicant will be inadmissible pursuant to section 212(a)(9)(A)(ii) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1182(a)(9)(A)(ii), for having been previously ordered removed. She seeks permission to reapply for admission into the United States under section 212(a)(9)(A…
JUN232022_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 23, 2022
—
The record indicates 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 a labor certification, would be in the national interest. For the reasons discussed below, we conclude that the…
JUN232022_01B9204
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 23, 2022
—
In this case, the Petitioner, a citizen from Jamaica, indicated on her VA WA petition that she had been married once, to N-R-.1 In support of her VA WA petition, the Petitioner submitted, in pertinent part, a copy of her marriage certificate to N-R- . Following a review of the Petitioner's record, the Director issued a request for evidence (RFE) which expla…
JUN232022_01D8101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 23, 2022
—
A Initial Filing
The Petitioner filed the Form 1-129, claiming that the Beneficiary qualified as an individual of extraordinary ability as a bodybuilder. In its accompanying cover letter, the Petitioner provided a job description: [The Beneficiary] will be representing [The Petitioner] at bodybuilding competitions and is expected to train, follow diet and s…
JUN232022_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 23, 2022
—
The Applicant, a national and citizen of Haiti, is currently in the United States and seeks permission to reapply for admission. The Applicant indicated that he was filing Form 1-212 in order to seek permanent resident status. He does not contest that he has an outstanding order of removal and will be inadmissible under section 212(a)(9)(A)(ii) of the Act o…
JUN232022_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 23, 2022
—
A. Background
In 2003, the Applicant's first spouse filed a Form 1-130, Petition for Alien Relative, on her behalf to classify her as the spouse of a U.S. citizen. That petition was approved in 2004, but after additional review by personnel from the U.S. Department of State and USCIS, two notices of intent to revoke (NOIR) the petition's approval were issue…
JUN232022_01M1244
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 23, 2022
—
We incorporate our previous decisions here by reference, and will only repeat certain facts underlying the Director's findings concerning the Applicant's ineligibility for TPS as they relate to the Applicant's claims and evidence he submits with the instant motion. The record reflects the Applicant's testimony in asylum proceedings that after leaving Somali…
JUN232022_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 23, 2022
—
The Director concluded that the Petitioner qualifies as a member of the professions holding an advanced degree. The Director also determined that the Petitioner had established that the proposed endeavor met the substantial merit portion of the first prong set forth in the Dhanasar analytical framework. However, for the reasons discussed below, the Petition…
JUN232022_02B9204
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 23, 2022
—
The Petitioner filed her VA WA petition in July 2020, based on her 2019 marriage to a U.S. citizen, B-L-. 1 The record indicated that the Petitioner had been previously married in Jamaica prior to her marriage to B-L-. The Director denied the petition, concluding that the Petitioner had not demonstrated the legal termination of her previous marriage and the…
JUN232022_02H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 23, 2022
—
The Applicant does not contest the finding of inadmissibility, which is supported by the record. The issues on appeal therefore are whether the Applicant has established extreme hardship to a qualifying relative and whether he merits a favorable exercise of discretion. Upon consideration of the entire record, including the arguments made on appeal, we concl…
JUN232022_03B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 23, 2022
—
In this case, the Petitioner married E-V- 1, a U.S. citizen, in 12016. In Part 10 of his VAWA petition, the Petitioner indicated that he lived with E-V- from June 15, 2016, to January 2018 in an apartment located in [New Jersey. In his February 2019 declaration, the Petitioner asserted that he and E-V- resided together during their marriage at the address p…
JUN222022_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 22, 2022
—
The Petitioner, a citizen of Mexico who claims to have most recently entered the United States without inspection, admission or parole in 1998, filed the instant VA WA petition in June 2019 based on his marriage to V-G-, 1 a U.S. citizen, in 12000. The Director denied the VAWA petition, concluding that the Petitioner had not established his good moral chara…
JUN222022_01D12101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 22, 2022
—
The Applicant, a native and citizen of the Philippines, entered the United States with an H-2B nonimmigrant visa in March 2008 and he filed his T application in September 2017. The issue before us is whether the Applicant is physically present in the United States on account of trafficking. We find that he has established by a preponderance of the evidence…
JUN222022_01D2101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 22, 2022
—
The Petitioner is "a media website and mobile application who seeks to employ the Beneficiary as a"product analyst." The Petitioner provided a list of duties, along with the relevant percentage of time devoted to each duty, as follows: 1. Perform deep dive analysis using SQL and Python programming languages to understand and optimize the key levers of the s…
JUN222022_01D8101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 22, 2022
—
The Director determined that the Petitioner did not demonstrate that the Beneficiary has been nominated for, or has been the recipient of, significant national or international awards or prizes under 8 C.F.R. § 214.2(o)(3)(iv)(A). In addition, the Director concluded that the Petitioner did not establish the Beneficiary's eligibility for any of the evidentia…
JUN222022_01H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 22, 2022
—
The issue on appeal is whether the Applicant has demonstrated his U.S. citizen spouse would experience extreme hardship upon denial of the waiver. On appeal, the Applicant does not contest his inadmissibility, as described in the Director's decision, which we incorporate here by reference. However, the Applicant contends that the Director erroneously discou…
JUN222022_02B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 22, 2022
—
In July 2016, the Petitioner filed a VAWA petition based upon her 2011 marriage to K-S-, a U.S. citizen, whom she divorced in 2016. The Director denied this VA WA petition, concluding that the Petitioner had not established that she resided with K-S-, that she entered into her marriage with K-S- in good faith, and that she was subjected to battery or extrem…
JUN222022_02D2101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 22, 2022
—
Whether the proffered position is a specialty occupation, and whether the Beneficiary is qualified to perform its duties, are not at issue here. The only question before us today is how long the petition's period of approval should be. There is no dispute that the Beneficiary has exhausted her six-year period of authorized stay in H-lB status. The Petitione…