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Showing 5326–5350 of 7923 (page 214 / 317)
MAY312022_02B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 31, 2022
—
The record reflects that the Petitioner was served with a Form 1-862, Notice to Appear, and placed in removal proceedings before an Immigration Judge in 2013. The Petitioner appeared for multiple hearings, and the Immigration Judge ordered him removed to his home country of India inl I 2016. The Petitioner appealed this decision, and his appeal was dismisse…
MAY312022_02D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 31, 2022
—
According to the Supplement B submitted with the Petitioner's U petition, in July 2013, the Petitioner was the victim of robbery. The certifying agency listed grand larceny in the fourth degree, robbery in the second degree, and criminal possession of stolen property in the fifth degree under sections 155.30(5), 160.10(1), and 160.40 of the New York Penal L…
MAY312022_02H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 31, 2022
—
The primary issue on appeal is whether the Applicant established that his qualifying relative(s) would experience extreme hardship if his waiver application is denied, and, if so, whether his application warrants a favorable exercise of discretion. However, as a preliminary matter, we will address whether the Applicant requires a waiver of inadmissibility f…
MAY312022_02H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 31, 2022
—
The issue on appeal is whether the Applicant is eligible for permission to reapply for admission in the exercise of discretion. The Applicant is statutorily ineligible for permission to reapply for admission to the United States because he has not remained outside the United States for at least 10 years since his last departure. The Applicant, a native and…
MAY312022_03B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 31, 2022
—
The Petitioner, a native and citizen of China, married R-A- , 1 a U.S. citizen, in 2016, and filed her VA WA petition in June 2019. In her VA WA petition, the Petitioner claimed to have resided with R-A- from April 2016 to June 2019. In denying the VA WA petition, the Director determined that the Petitioner did not establish that she was battered or subject…
MAY312022_03H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 31, 2022
—
The Applicant currently resides in the United States and is seeking conditional approval of the application under the regulation at 8 C.F.R. § 212.2(j) before he departs, since he will become inadmissible upon his departure due to his prior removal order. The approval of the application under these circumstances is conditioned upon the Applicant's departure…
MAY312022_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 31, 2022
—
As noted above, although we found that the proposed endeavor has substantial merit, we found that the record did not establish that the proposed endeavor has national importance, as required by the first prong of Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016).1 Despite filing a combined motion to reopen and motion to reconsider, the Petitioner does not stat…
MAY312022_04B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 31, 2022
—
We incorporate our prior decision by reference and will repeat only certain facts as necessary here. The record reflects that the Petitioner met his spouse, D-D-,1 in October 2016 and they were married in I 2016. The Petitioner asserted that in November 2016, he and D-D- moved into his uncle's apartment inl INew York. He stated that he and D-D- were uncomfo…
MAY312022_04H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 31, 2022
—
The record reflects that the Applicant first entered the United States without being inspected, admitted or paroled in December 2006. She departed after seven months, in July 2007. The Applicant again entered the United States without being inspected, admitted or paroled on April 1 7, 2008 and has not departed. An Immigration Judge ordered the Applicant rem…
MAY312022_05B9204
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 31, 2022
—
The record reflects that the Petitioner, a citizen of India, married M-R-,1 a U.S. citizen, in 2016. In November 2017, he filed the instant VAWA petition based on this marriage. As supporting evidence, the Petitioner submitted a marriage certificate, photographs, statements from himself and 1 We use initials to protectthe privacy of individuals.
his former…
MAY312022_05H4212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 31, 2022
—
The Applicant has been found inadmissible under section 212(a)(9)(A) of the Act for having been previously ordered removed. On August 4, 2001, the Applicant entered the United States on a nonimmigrant visitor visa. The Applicant was later denied asylum and was granted voluntary departure on March 28, 2003. After several proceedings and appeals, the Applican…
MAY312022_06H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 31, 2022
—
The Applicant entered the United States without inspection onl ) 2014, and was ordered removed on I 2014. He was released under an Order of Supervision. There is no indication that he has ever departed the United States since his initial entry. At the outset, we note that in the decision the Director incorrectly stated that, because the Applicant entered th…
MAY312022_07H4212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 31, 2022
—
The Applicant is currently in the United States and seeks permission to reapply for admission pursuant to the regulation at 8 C.F.R. § 212.2(j) before departing the United States because he will become inadmissible upon departing the United States under section 212(a)(9)(A)(ii) of the Act. The record shows that the Applicant, a native and citizen of China,…
MAY272022_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 27, 2022
—
The Petitioner is a miniatures artist specializing in folk art and I I miniatures who has displayed his work at numerous exhibitions, showcases and trade fairs around the world. He states that he intends to continue his work as a miniatures artist in the United States.
A. Evidentiary Criteria
Because the Petitioner has not indicated or established that he…
MAY272022_01D7101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 27, 2022
—
The Director determined that the Petitioner did not establish that the Beneficiary: (1) has been employed abroad in a qualifying capacity, and (2) will be employed in the United States m a managerial or executive capacity."Managerial capacity" means an assignment within an organization in which the employee primarily manages the organization, or a departmen…
MAY272022_02B6203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 27, 2022
—
The instant T-140 petition was filed on January 25, 2019, accompanied by a labor certification that was filed with the DOL on August 24, 2018, and certified in November 2018. The labor certification stated that the minimum educational and experience requirements for the job of assistant manager were a bachelor's degree in business administration, or a forei…
MAY272022_02H4212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 27, 2022
—
The record indicates that the Applicant entered the United States without inspection, authorization, or parole in July 2006. 1n--°2006, the Applicant was placed into removal proceedings before an Immigration Judge. In 2006, the Applicant failed to appear for a hearing and was ordered removed in absentia. 1 See section 240(b )(5)(A) of the Act, 8 U.S.C . § 1…
MAY262022_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 26, 2022
—
The Petitioner, originally from Nigeria, is a Canadian citizen. He received his Doctor of Computer Science from !University in 2016. At the time he filed the petition in 2016, he worked as an IT manager for Subse uent letters indicated that the Petitioner began working as a lead business systems anal st for in 2019, and as manager of IT Systems and Administ…
MAY262022_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 26, 2022
—
The Director determined 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 t…
MAY262022_01B6203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 26, 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…
MAY262022_01B9204
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 26, 2022
—
The Petitioner filed her VA WA petition in May 2019 claiming abuse from her U.S. citizen stepfather, R-L-, 1 with whom she claims she lived from August 2015 until January 2017 . With the petition she submitted an affidavit from her mother, school records, medical reports, police reports, a psychological evaluation, civil documents, photographs, and letters…
MAY262022_01C1101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 26, 2022
—
Motions to reopen or reconsider must be filed within 30 days of the decision, or 33 days if the decision is served by mail. 8 C.F.R. §§ 103.5(a)(l)(i), 103.8(b ). USCIS may, in its discretion, excuse the untimely filing of a motion to reopen where the record demonstrates that the delay was reasonable and beyond the control of the applicant. 8 C.F.R. § 103.5…
MAY262022_01D13101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 26, 2022
—
The Petitioner has not shown eligibility to classify the Beneficiary as an R-1 nonimmigrant religious worker, because it has not submitted verifiable evidence explaining how it intends to compensate the Beneficiary. See 8 C.F.R. § 214.2(r)(ll)(i). Pages 4 and 5 of the petition indicate that the Petitioner will pay the Beneficiary $65,000 in wages per year t…
MAY262022_01D8101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 26, 2022
—
Because the Petitioner has not indicated or established that the Beneficiary has received a major, internationally recognized award, it must satisfy at least three of the alternate regulatory criteria at 8 C.F.R. § 214.2(o)(3)(iii)(B)(l)-(8). The Director determined that the Petitioner provided evidence demonstrating that the Beneficiary met only one criter…
MAY262022_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 26, 2022
—
The issues presented on appeal is whether the Applicant is inadmissible as a controlled substance violator, and if so, if he has established that he is statutorily eligible for a waiver under section 212(h) of the Act. Because the Applicant is residing abroad and applying for an immigrant visa, the U.S. Department of State makes the final determination conc…