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MAY092022_01G1103
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 09, 2022
—
The Harlingen, Texas ICE Field Office declared the bond breached, concluding that the obligors did not deliver the bonded foreign national to ICE upon receipt of notice. On appeal, the Co-Obligor does not contest receiving the notice to deliver the Foreign National. Instead, the Co-Obligor contends that there was no breach because the bond should have been…
MAY092022_01H4212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 09, 2022
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The issue presented on appeal is whether the Applicant should be granted conditional approval of her application for permission to reapply in the exercise of discretion. As explained below , we will withdraw the Director's decision and remand the matter to the Director for the entry of a new decision. The Applicant is the subject of an unexecuted in absenti…
MAY092022_01H6212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 09, 2022
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The record indicates that after voluntarily returning to Mexico in 1988, the Applicant reentered the United States without inspection in 1991 and remained until he was removed on I 2018, thus accruing unlawful presence. The Applicant does not contest that he is inadmissible under section 212( a )(9)(B)(i)(II) of the Act. The remaining issue is whether the A…
MAY092022_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 09, 2022
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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 id (A)-(B) and therefore did not qualify as an individual of exceptional ability. A. Evidentiary Criteria for Exceptional Abi…
MAY092022_02H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 09, 2022
—
The issue on motion is whether the Petitioner has established that our prior decision was based on an incorrect application oflaw or USCIS policy, based on the evidence in the record of proceeding at the time of the decision. The record reflects that in[==12007, the Applicant attempted to enter the United States without inspection. He was apprehended and ex…
MAY092022_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 09, 2022
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The Director found that the Petitioner did not have an advanced degree or a foreign equivalent baccalaureate degree followed by at least five years of progressive experience in the specialty under 8 C.F.R. § 204.5(k)(3)(i) and did not meet at least three of the six regulatory criteria for exceptional ability at 8 C.F.R. § 204.5(k)(3)(ii). A. Evidentiary Cri…
MAY092022_04B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 09, 2022
—
At initial filing, the Petitioner claimed that he is "a degreed professional in the field of Linguistics."4 In addition, the Petitioner indicated his various jobs and positions and provided supporting documentation. The Director issued a request for evidence (RFE) and stated: The petitioner has provided an official academic record showing that the alien has…
MAY092022_04H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 09, 2022
—
The Applicant admits that she will be inadmissible under section 212(a)(9)(A)(ii) of the Act, 8 U.S.C. § 1182(a)(9)(A)(ii), upon her departure from the United States because an Immigration Judge ordered her removed in 2010. Accordingly, we limit our analysis to whether approval of the application is wananted as a matter of discretion. The Applicant initiall…
MAY092022_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 09, 2022
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The Director concluded that the Petitioner qualifies as a member of the professions holding an advanced degree. Accordingly, the next issue to be determined on appeal 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. The first prong relates to substan…
MAY092022_05H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 09, 2022
—
The issue raised on appeal is whether the Applicant should be granted conditional approval of her Form I-212 in the exercise of discretion. We agree with the Director's determination that a favorable exercise of discretion is not warranted in her case and conclude that no purpose would be served in approving her Form I-212, as the record indicates that she…
MAY092022_06H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 09, 2022
—
Upon the Applicant's departure from the United States, he will be inadmissible under section 212(a)(9)(A) of the Act for having been previously ordered removed. Specifically, the Applicant entered the United States without admission in or about 2001 and he was placed in removal proceedings in 2011. The Applicant requested asylum and withholding ofremoval. I…
MAY092022_07H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 09, 2022
—
The Applicant indicated on the Form I-212 that he is inadmissible under section 212(a)(9)(A) of the Act because he has been removed from the United States two or more times and his last removal was less than 20 years ago. He further indicated that he is inadmissible under section 212(a)(9)(C)(i)(II) of the Act because he entered the United States without be…
MAY092022_08H4212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 09, 2022
—
The record establishes that the Applicant is currently in the United States. Because he has an outstanding order of removal, he will be inadmissible under section 212(a)(9)(A)(ii) of the Act once he departs the United States. He therefore seeks conditional approval of his application for permission to reapply for admission prior to departing the United Stat…
MAY062022_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 06, 2022
—
The issues on motion are whether the Petitioner: (1) has established that we incorrectly applied the law or USCIS policy in dismissing his fourth combined motion to reopen and reconsider, and (2) has submitted new facts, supported by documentary evidence, to warrant reopening.
A. Procedural History
As noted, this matter is before us on a fifth motion to re…
MAY062022_01C1101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 06, 2022
—
A. Motion to Reconsider We will dismiss the Petitioner's motion to reconsider the matter because it has not"state[d] the reasons for reconsideration and be supported by any pertinent precedent decisions to establish that [our previous] decision was based on an incorrect application oflaw or [U.S. Citizenship and Immigration Services (USCIS) or Department of…
MAY062022_01D6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 06, 2022
—
The Petitioner filed this fiancee petition in October 2020. On his Form I-129F, he indicated that he and his fiancee met in person during the two years immediately before filing this petition. He provided a short statement explaining that he and the Beneficiary have known eachother for many years, reconnected over social media, and became engaged on Septemb…
MAY062022_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 06, 2022
—
The record shows that the Applicant entered the United States as a refugee in 1994 and adjusted his status to that of a lawful permanent resident in 1996. In 2000, he was convicted of Assault in the Second Degree, in violation of Sections 9A.36.021(l)(c) and 9A.08.020(2)(c) of the Washington Revised Code. He was also convicted of Extortion in the First Degr…
MAY062022_02H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 06, 2022
—
The record reflects that the Applicant entered the United States without inspection on or about September 1 7, 1992. In 1994, her application for asylum and withholding of removal was denied in immigration court and she was placed in removal proceedings. Inl 1998, the Applicant was granted voluntary departure, but did not depart within the timeframe allowed…
MAY062022_03H4212
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 06, 2022
—
The Applicant requested permission to reapply for admission to the United States because she will be inadmissible upon departing from the United States for having been previously ordered removed. 1 See section 212(a)(9)(A)(ii) of the Act. The record reflects that the Applicant entered the United States without being inspected, admitted, or paroled in or abo…
MAY062022_06H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 06, 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 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…
MAY052022_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 05, 2022
—
The Petitioner has worked as a barista at his own cafe, and has also won prizes at various competitions. Because the Petitioner has not indicated or shown that he received a major, internationally recognized award, he must satisfy at least three of the alternate regulatory criteria at 8 C.F.R. § 204.5(h)(3)(i)- (x). The Petitioner initially claimed to have…
MAY052022_01H4212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 05, 2022
—
The record reflects that the Applicant entered the United States without being inspected and admitted, or paroled inl I 1984, and was apprehended by immigration officials. An immigration judge ordered him deported in absentia in 1985, and he was instructed to report for his deportation to Ecuador in I 1986. The Applicant departed the United States in Decemb…
MAY052022_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 05, 2022
—
The issues on motion are whether the Applicant: (1) has established that we incorrectly applied the law or USCIS policy in dismissing her second combined motion to reopen and reconsider, and (2) has submitted new facts demonstrating that her spouse would experience extreme hardship upon separation. As discussed in our prior decisions, which are incorporated…
MAY052022_02H4212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 05, 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 to apply for an immigrant visa abroad. 1 Because he has an outstanding order of removal, he will be inadmissible under section 212(a)(9)(A)(ii) of the Act once he departs.2 In deny…
MAY052022_03H4212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 05, 2022
—
The record indicates that the Applicant will become inadmissible upon departing the United States pursuant to section 212(a)(9)(A)(ii) of the Act for having been previously ordered removed. The issue
on appeal is whether the Applicant is eligible to apply for conditional approval of the Form 1-212 prior to departure. The record shows that the Applicant, a…