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APR072022_02A6245
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 07, 2022
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The Applicant filed a Form 1-918, Petition for U Non immigrant Status (U petition), in November of 2013 which was approved in December of 2016, with validity dates from December 15, 2016, to December 14, 2020 . Through counsel, the Applicant, who lives in California, submitted her adjustment application to the Vermont Service Center in November of 2020. By…
APR072022_02H4212
Remanded
v3_no_parsed_rules_gpt52: Accepted
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 07, 2022
—
The issue presented on appeal is whether the Applicant should be granted conditional permission to reapply for admission to the United States 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 her application…
APR072022_03H4212
Dismissed
v3_no_parsed_rules_gpt52: Accepted
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 07, 2022
—
Here, the record reflects, and the Applicant does not dispute, that she entered the United States without admission or inspection in June 1992. She was placed into removal proceedings and was,..Q.rdmd, removed in absentia in I 1996, and instructed to report for deportation no later than D1996. She did not report as required. The Applicant's.__ __ 2004 motio…
APR072022_04H4212
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 07, 2022
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In this case, the record reflects that the Applicant currently resides in the United States and he is seeking conditional approval of his application under the regulation at 8 C.F.R. § 212.2(j) before departing the United States to apply for an immigrant visa.1 He does not contest that he will become inadmissible under section 212(a)(9)(A)(ii) of the Act up…
APR062022_01D14101
Remanded
v3_no_parsed_rules_gpt52: Accepted
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 06, 2022
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A. Relevant Evidence and Procedural History The Petitioner filed his U etition in May May 2016 with a Supplement B signed by a Commander at the Kentucky State Police in Kentucky ( certifying official) regarding an incident the Petitioner experienced in 2015. In the Supplement B, the certifying official checked boxes in Part 3.1 indicating that the Petitione…
APR062022_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 06, 2022
—
The Applicant entered the United States without authorization on I I 2003, and was apprehended the same day at the port of entry. She was deemed inadmissible as an "arriving alien" under section 212(a)(6)(A)(i) of the Act and was ordered expeditiously removed onl I 2003. Upon her removal, she became inadmissible for a period of five years under section 235(…
APR052022_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Accepted
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 05, 2022
—
The Applicant, a 33-year-old transgender native and citizen of Mexico, was granted U-1 nonimmigrant status from October 2015 to September 2019, and timely filed her U adjustment application in March 2019. The Director denied the application, concluding that the Applicant did not establish that she merited a favorable exercise of discretion. In our prior dec…
APR052022_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Accepted
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 05, 2022
—
Although the Director concluded that the Petitioner had not established he is an individual of exceptional ability, the Director did not address whether the Petitioner qualifies as a member of the professions holding an advanced degree. Specifically, the Director found that the Petitioner satisfied the criteria at 8 C.F.R. § 204.5(k)(3)(ii)(A)-(B) but that…
APR052022_02D14101
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 05, 2022
—
The Petitioner, a native and citizen of Mexico, filed his U petition in October 2015 with a Form 1-918, Supplement B, U nonimmigrant Status Certification (Supplement B), certifying that he was the victim of criminal activity involving or similar to "Attempt to commit any of the named crimes," "Related Crimes" and "Other: DTP: Peeping Tom." The certifying of…
APR052022_03D14101
Dismissed
v3_no_parsed_rules_gpt52: Accepted
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 05, 2022
—
A. Relevant Facts and Procedural History The Petitioner filed her U petition in February 2016 with a Supplement B signed and certified by a detective in thel I Police Department inl I Indiana ( certifying official). The certifying official checked a box indicating that the Petitioner was the victim of criminal activity "Other: strong armed robbery" that occ…
APR052022_04D14101
Dismissed
v3_no_parsed_rules_gpt52: Accepted
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 05, 2022
—
A. Relevant Facts and Procedural History The Petitioner filed his U petition in May 2016 with a Supplement B signed and certified by an inspector in thel Police Department in Wisconsin ( certifying official). The certifying official checked boxes indicating that the Petitioner was the victim of criminal activity involving or similar to "Felonious Assault,"…
APR042022_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 04, 2022
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As described in the Petitioner's May 2021 "Professional Plan": I intend to continue my activities as a [ n ]urse, utilizing all of the knowledge I acquired in programs and courses, along with my professional experience, which have considerably contributed toward the successful development of my work in an efficient manner, guaranteeing the best results. I a…
APR042022_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Accepted
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 04, 2022
—
A. Relevant Facts and Procedural History In 2019, when the Petitioner was 16 years old, the Family Court in New York issued an order appointing the Petitioner's aunt, N-A-, 1 as her guardian in guardianship proceedings brought under section 661 of the New York Family Court Act (N.Y. Fam. Ct. Act) and section 1707 of the New York Surrogate's Court Procedure…
APR042022_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 04, 2022
—
The Petitioner filed the instant U petition in December 2015, with a Supplement B certified by the Chief Prosecuting Attorney i Washington, and regarding a crime committed in 2014. In Part 3.1 of the Supplement B, for criminal acts, the certifying official checked the boxes for "Related Crime(s)," and "Other-Witness to Armed Robbery." In Part 3.3, when prom…
APR042022_01H3212
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 04, 2022
—
The record establishes that the Applicant is subject to the two-year foreign residence requirement under section 212( e) of the Act based on the Exchange Visitors Skills List. As stated above, the Applicant is seeking a waiver of the two-year foreign residence requirement based on the claim that her U.S. citizen spouse would suffer exceptional hardship if h…
APR042022_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 04, 2022
—
The record indicates that the Applicant entered the United States using fraudulent documents on April 18, 1997. After she submitted an application for asylum on November 8, 1997, her case was transferred to an immigration judge, and after failing to appear for a hearing she was ordered removed in absentia onl 1999. See section 240(b )(5)(A) of the Act, 8 U.…
APR042022_02B9204
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 04, 2022
—
The Petitioner filed her VA WA petition on April 16, 2019, based on her previous marriage to L-S-.1 Although she claimed she divorced L-S-on 2017, the Director denied the petition, finding that evidence in the record indicated that the marriage was terminated onl I 201 7, more than two years before the petition was filed. The Director therefore concluded th…
APR012022_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 01, 2022
—
The Applicant, a native and c1t1zen of Ecuador, entered the United States without inspection, admission, or parole in May 2004. USCIS granted the Applicant U nonimmigrant status as the victim of a felonious assault in 12012. The Applicant timely filed the instant U adjustment application in September 2018 while still in U status. A review of the Applicant's…
APR012022_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 01, 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 therefore whether the Applicant has submitted new facts to warrant reopening or established that our decision to dismiss the appeal was based on an incorrect application oflaw or USCIS policy. We in…
APR012022_01C6101
Accepted
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 01, 2022
—
A. Relevant Facts and Procedural History In 2016, when the Petitioner was 18 years old, the New York Family Court fotj I (Family Court) appointed the Petitioner's cousin, S-S-1, as his guardian pursuant to proceedings brought under section 661 of the New York Family Court Act (N.Y. Fam. Ct. Act) and section 1707 of the New York Surrogate's Court Procedure A…
APR012022_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 01, 2022
—
The Petitioner, a native and citizen of Mexico, filed the instant U petition in March 2015, and subsequently filed a Form 1-192, Application for Advance permission to Enter as a Nonimmigrant (waiver application) in December 2018, requesting a waiver of inadmissibility grounds. In October 2021, the Director denied the waiver and found that the Petitioner was…
APR012022_01D6101
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 01, 2022
—
Upon review of the record in its totality, we conclude that the Petitioner has not demonstrated that he merits a discretionary waiver of the two-year personal meeting requirement. The Petitioner filed the fiance( e) petition in July 2020 and explained that he had not complied with the two-year personal meeting requirement because he is a disabled veteran, a…
MAR312022_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 31, 2022
—
The Applicant, a citizen of Mexico, last entered the United States without inspection, admission, or parole in approximately 1990. Inl I 2007, the Applicant was the victim of domestic violence, and she assisted law enforcement in the investigation of the offense. In July 2013, the Director approved her U petition on this basis, granting her U status for a p…
MAR312022_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 31, 2022
—
The Director concluded that the Petitioner qualifies as a member of the professions holding an advanced degree. 4 Accordingly, the 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. For the reasons discussed below, we a…
MAR312022_01D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 31, 2022
—
The Applicant is a native and citizen of Mexico who most recently entered the United States without inspection, admission, or parole in 1990, causing her to be inadmissible under section 212( a)( 6)(A)(i) of the Act. In April of 2018, the Applicant filed this T application asserting she was a victim of labor trafficking. The Director denied the T applicatio…