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MAY162022_01D7101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 16, 2022
—
As a preliminary matter, we note that the review of any motion is narrowly limited to the basis for the prior adverse decision. As such, we will determine whether the Petitioner has submitted new facts, supported by documentary evidence, to warrant reopening of our October 28, 2021, decision. As discussed in our prior decisions, which we incorporate here by…
MAY162022_01D9101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 16, 2022
—
The Petitioner has not sufficiently shown that the Beneficiaries may be classified as P-lA internationally recognized athletes, because it has not demonstrated that the Beneficiaries are coming to the United States temporarily and "solely for the purpose of performing ... as such an athlete with respect to a specific athletic competition," as required under…
MAY162022_02B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 16, 2022
—
The Petitioner seeks a highly restrictive visa classification, intended for individuals already at the top of their respective fields, rather than those progressing toward the top. See Matter of Price, 20 I&N Dec. 953, 954 (Assoc. Comm'r 1994) (concluding that even major league level athletes do not automatically meet the statutory standards for classificat…
MAY162022_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 16, 2022
—
The Director found that the Petitioner qualifies as a member of the professions holding an advanced degree. Although the Director found that the proposed endeavor has substantial merit, the Director concluded that the record does not establish that the Petitioner's endeavor has national importance. The Director also concluded the record did not satisfy the…
MAY162022_02B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 16, 2022
—
The record reflects that the Petitioner, a native and citizen of Nigeria, married M-M- 1, a U.S. citizen, in 2016. She filed the instant VA WA petition in April 2019 based on this marriage. The Director denied the petition, determining, in pertinent part, that the Petitioner had not established that she resided with M-M-. The Director explained that althoug…
MAY162022_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 16, 2022
—
The petition in this case was filed on February 9, 2021, and approved one week later, on February 16, 2021. On March 5, 2021, however, the Director sent a Notice of Intent to Revoke (NOIR) to the Petitioner, stating that users intended to revoke the approved petition because either (1) the check or money order submitted as payment was returned by the bank o…
MAY162022_03B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 16, 2022
—
The Petitioner, a native and citizen of the Philippines, met E-J-, 1 a U.S . citizen, in May 2015. The Petitioner explained that she married E-J-in 2016, and that she left the relationship in July 1 We use initials to protect the privacy of individuals.
2017. She filed the instant VAWA petition in November 2017. The Director denied the petition, determinin…
MAY132022_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 13, 2022
—
The Petitioner, a native and citizen of Burkina Faso, was admitted to the United States in F-1 nonimmigrant student status in April 2016 and married a U.S. citizen, A-1-, 1 in 2017. He filed his VAWA petition in October 2018 , in which he claimed he resided with A-I- from November 2017 to May 2018. The Director denied the VAWA petition, concluding that the…
MAY132022_01C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 13, 2022
—
A. Relevant Facts and Procedural History In 2017, whenthePetitionerwas 14yearsold, theNewYorkFamily Court for (family court) issued an Order Appointing Guardian of the Person for him, appointing guardianship of the Petitioner to I-H-B-M-.1 I 2017, the family court issued an Order- Speciallmmigrant Juvenile Status (SU order) making determinations related to…
MAY132022_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 13, 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(i) before he departs.1 He does not contest that he will be inadmissible under section 212(a)(9)(A)(ii) of the Act upon departure for having been previously ordered removed. The only issue on appeal is wheth…
MAY132022_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 13, 2022
—
The Applicant does not contest the grounds for inadmissibility under section 212(a)(6)(C)(i) of the Act, as described in the Director's decision, which we incorporate here. 1 The issue on appeal is whether the Applicant has demonstrated that his LPR spouse would experience extreme hardship upon denial of the waiver. 2 The Applicant must demonstrate that den…
MAY122022_01A3013
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 12, 2022
—
Although the Director denied the application solely because the Applicant did not demonstrate existence of compelling reasons that render her unable to return to Honduras, we have identified an additional basis of ineligibility for adjustment of status under Section 13, as the evidence also does not show that the Applicant performed diplomatic or semi-diplo…
MAY122022_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 12, 2022
—
The Petitioner is a visual artist who has displayed her work internationally. She also commercially markets her designs and illustrations on paper and stationery products. The Petitioner intends to continue working as a visual artist in the United States. Because the Petitioner has not indicated or established that she has received a major, internationally…
MAY122022_01B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 12, 2022
—
A. Eligibility for the Requested Classification As stated above, the first step to establishing eligibility for a national interest waiver is demonstrating qualification for the underlying EB-2 visa classification, as either an advanced degree professional or an individual of exceptional ability. In our dismissal of the prior appeal, we withdrew the Directo…
MAY122022_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 12, 2022
—
The Petitioner, a native and citizen of Serbia, initially entered the United States in H-2B nonimmigrant status in March 2008. Inl 12009, he married a U.S. citizen, T-J-, 1 with whom he claims he resided from 2009 to December 2012. The Petitioner filed his VAWA petition in September 2015. In denying the VA WA petition, the Director determined that the Petit…
MAY122022_01H4212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 12, 2022
—
The Applicant, a native and citizen of Mexico, claims to have entered the United States at the United States-Mexico border in or around 1994 without being inspected or admitted. In 200 8, he was arrested for providing false information to a police officer in Utah. 2 The Immigration and Customs Enforcement (ICE) encountered the Applicant in a jail in Utah an…
MAY122022_02B9204
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 12, 2022
—
The Petitioner filed her VA WA petition in April 2019. On April 20, 2021, the Director denied the petitioner, concluding that the Petitioner had not established good moral character. Specifically, the Director noted that although the Petitioner submitted an affidavit and police clearances that pertained to her time in the United States sinceheren1ry in Augu…
MAY122022_02H4212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 12, 2022
—
The record reflects that the Applicant was ordered removed in I I 2001. In 2001, the Applicant used an alias to apply for Temporary Protected Status (TPS). He was subsequently granted TPS from 2001 through 2014. The Director determined that because the Applicant obtained TPS by misrepresenting his name, date of birth, and immigration history, the Applicant…
MAY122022_03B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 12, 2022
—
The Petitioner, a native of Egypt and citizen of Jordan, married C-G-S-, 1 his U.S. citizen spouse, in 201 7. In October 2018, he filed the instant VA WA petition based upon this marriage. The Director issued a request for evidence (RFE) asking the Petitioner to submit additional evidence to establish that he was battered or subjected to extreme cruelty per…
MAY122022_03H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 12, 2022
—
The issue presented on appeal is whether the Applicant should be granted permission to reapply in the exercise of discretion. The Applicant is statutorily ineligible for permission to reapply for admission to the United States because she has not remained outside the United States for at least IO years since her last departure. The record reflects that the…
MAY112022_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 11, 2022
—
The Petitioner, a native and citizen of Israel, filed. the instant VA WA petition in
January
18 based upon marriage to his former U.S. citizen spouse, A-P-D-,2 whom he divorced in 2019. On July 20, 2020, the Director denied the VA WA petition, determining that the Petitioner had not established he resided with his U.S. citizen spouse and that he entered in…
MAY112022_01C6101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 11, 2022
—
Inl 12018, when the Petitioner was 17 years old, a probate and family court (family court) in Massachusetts issued an Order of Special Findings of Fact and Rulings of Law (initial SIJ order) in which it declared the Petitioner to be dependent on the court. On the same day, the family court also issued a Decree and Order of Appointment of Guardian of a Minor…
MAY112022_01D7101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 11, 2022
—
The Director determined that the Petitioner did not establish that the Beneficiary has been employed abroad, and will be employed in the United States, in a managerial or executive capacity. The Petitioner asserts that the Beneficiary has been and will be employed in a managerial capacity, and therefore, we need not consider the requirements for an executiv…
MAY112022_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 11, 2022
—
The Applicant acknowledges and the record demonstrates that her motion to reopen was untimely filed. We dismissed the Applicant's appeal of the Director's decision on her Form N-600 on December 7, 2016. The record indicates that our December 2016 decision properly gave the Applicant notice concerning the 33-day deadline to file a motion to reopen or reconsi…
MAY112022_01H4212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 11, 2022
—
The record reflects that the Applicant entered the United States without inspection onl 12001. He was detained at the port of entry and placed in removal proceedings. An Immigration Judge ordered the Applicant removed on 2002. The Applicant has not departed the United States since his entry without inspection in 2001. The Applicant is currently in the Unite…