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MAR312022_01D14101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 31, 2022
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A. Relevant Evidence and Procedural History The Petitioner filed his U petition in May 2016 with a Supplement B signed and certified by an officer in thel !Police Department in !Arizona (certifying official) whose exact job title was not specified. The certifying official checked a box indicating that the Petitioner was the victim of criminal activity invol…
MAR312022_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 31, 2022
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The Applicant initially established that she satisfied some of the conditions for issuance of a Certificate of Citizenship under section 322 of the Act. A U.S. birth certificate and a U.S. passport show the Applicant's mother is a U.S. citizen who was born in Kansas inl I 1983. Birth and marriage certificates show the biological parent-child relationship be…
MAR312022_01H2212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 31, 2022
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As explained in the Director's decision, the Applicant was admitted to the United States as a refugee in 1997. He then adjusted status to that of a lawful permanent resident (LPR) in 2000. 3 After he became an LPR, he was convicted for conspiracy to commit arson in North Dakota. The Information that an assistant state's attorney filed with the State Court o…
MAR312022_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 31, 2022
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The issue on appeal is whether the Applicant is eligible for a waiver of his inadmissibility for fraud or willfully misrepresenting a material fact. However, prior to analyzing if he qualifies for a waiver, we must determine if the Applicant is inadmissible. The Applicant was arrested and charged in 2017 with patronizing a minor for sexual activity under N.…
MAR312022_02D14101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 31, 2022
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A. Relevant Evidence and Procedural History The Petitioner filed his U petition in November 2016 with a Supplement B signed and ce1iified by the Chief of the I I Police Department in the state of Maryland ( certifying official). The certifying official checked boxes indicating that the Petitioner was the victim of criminal activity involving or similar to "…
MAR312022_02E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 31, 2022
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The Applicant initially established that he satisfied some of the conditions for issuance of a Certificate of Citizenship under section 322 of the Act. A U.S. birth certificate and a U.S. passport show the Applicant's mother is a U.S. citizen who was born in Kansas inl 11983. Birth and marriage certificates show the biological parent-child relationship betw…
MAR312022_02H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 31, 2022
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The issue on appeal is whether the Applicant is eligible for a discretionary waiver under the heightened standard for being convicted of a violent or dangerous crime. Upon de nova review, the Applicant has not established by a preponderance of the evidence exceptional and extremely unusual hardship due to his continued inadmissibility, and he is therefore n…
MAR312022_03D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 31, 2022
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In our prior August 2021 decision on the Petitioner's second motion, we noted that we had dismissed the Petitioner's appeal because the record of proceeding reflected that the signature on her Form 1-290B appealing the Director's decision did not match the Petitioner's signature on her U petition. As we further explained, the Petitioner's Form 1-290B was in…
MAR312022_03H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 31, 2022
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In our prior decision, we dismissed the Applicant's first motion filing for failing to satisfy motion requirements. Specifically, we dismissed his motion to reconsider our appellate decision because he did "not sufficiently articulate[] how our prior appeal decision misapplied law or USCIS policy." See 8 C.F.R. § l 03.5(a)(3). In addition, we dismissed his…
MAR312022_04D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 31, 2022
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The record indicates that S-E-O-, 2 the Petitioner's now-stepchild, was the victim of the qualifying crimes of abusive sexual contact and sexual assault when she was a young child. In our prior decision dismissing the Petitioner's appeal, incorporated here by reference, we determined that the Petitioner had not demonstrated that he qualifies as a victim of…
MAR312022_05D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 31, 2022
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A. Relevant Facts and Procedural History The Petitioner is a citizen of Mexico and filed his U petition in March 2016. In his petition, he stated he entered the United States in October 1996 without being inspected, admitted, or paroled. The Petitioner also filed a Form 1-192, Application for Advance Permission to Enter as Non-Immigrant (waiver application)…
MAR302022_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 30, 2022
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The Petitioner, a native and citizen of Egypt, was admitted to the United States in B-2 nonimmigrant visitor status in March 2000. She married her U.S. citizen spouse, J-H-, 1 inl I 2000 . In May 1 Initials are used throughout this decision to protect the identity of the individual.
2002, she filed the instant VAWA petition based on her marriage to J-H-. T…
MAR302022_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 30, 2022
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A. Relevant Facts and Procedural History In 2017, when the Petitioner was 18 years old, the District Court of thel I Judicial District in ____ Texas (District Court) issued an ORDER OF DEPENDENCY AND FINDINGS (dependency order). In the dependency order, the District Court found that it has jurisdiction "under Texas law 'to make judicial determinations about…
MAR302022_01D12101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 30, 2022
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The Applicant is a native and citizen of Guatemala who most recently entered the United States without inspection, admission, or parole in 1995. He filed a T application in 2018, claiming that he became a victim of trafficking when he wa s smuggled into the United States. The Director denied the T application, finding that the Applicant did not establish hi…
MAR302022_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 30, 2022
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The issue on appeal is whether the Applicant's previously provided evidence demonstrates that his father was physically present in the United States prior to his birth in 1977 for at least ten years, no less than five of which were after the father turned 14 years old, to meet the parental physical presence conditions at former section 30l(a)(7) of the Act.…
MAR302022_02B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 30, 2022
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The Petitioner was admitted to the United States in B-1 nonimmigrant status in June 2014 . He married his U.S. citizen spouse, K-D-, 1 in I 2016. In March 2017, he filed the instant VAWA petition 1 Initials are used throughout this decision to protect the identity of the individual.
based on his marriage to K-D-. The Director denied the VA WA petition, con…
MAR292022_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 29, 2022
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The Applicant, a native and citizen of Honduras, was granted U-1 nonimmigrant status from May 31, 2017, through May 30, 2021. Less than three years later, she filed her U adjustment
application on March 6, 2020. The Director determined that the Applicant was not eligible to adjust her status to that of an LPR because, at the time of filing her U adjustment…
MAR292022_01D13101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 29, 2022
—
The issue before us is whether the Petitioner has demonstrated on motion that our summary dismissal was based on an incorrect application oflaw or USCIS policy and that the decision was incorrect based on the evidence before us when we issued the decision. See 8 C.F.R. § 103 .5(a)(3). On motion, the Petitioner maintains and provides USPS record showing that…
MAR292022_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 29, 2022
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The Petitioner entered the United States without inspection, admission, or parole on or about May 1998. The Petitioner held Temporary Protected Status (TPS) from September, 1999 until July 2005, and that status was revoked inl 2007, after criminal convictions. In 2009, removal proceedings were initiated against the Petitioner and he was ordered removed by a…
MAR292022_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 29, 2022
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The Applicant has been found inadmissible under section 212(a)(2)(A)(i)(I) of the Act for having been convicted of a crime involving moral turpitude. In denying the waiver application, the Director found that the Applicant was convicted of two separate crimes, both involving a CIMT. Specifically, the Director found the Applicant inadmissible for her 2011 co…
MAR292022_02A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 29, 2022
—
The Applicant, a native and citizen of Mexico, was granted U-3 status from March 2015 until September 2018. The Applicant timely filed the instant U adjustment application in May 2018. The Director denied the Applicant's U adjustment application, concluding that he did not submit sufficient evidence to establish that he warranted adjustment of status to tha…
MAR292022_02D14101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 29, 2022
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A. Relevant Facts and Procedural History The Petitioner filed his U petition in October 2015 with a Supplement B signed and certified by the sergeant of the Special Victim Crime Unit with thel I Police Department inl I California ( certifying official). The certifying official checked boxes indicating that the Petitioner was the victim of criminal activity…
MAR282022_01A6245
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 28, 2022
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The Applicant, a native and resident of El Salvador, was admitted to the United States in U-3 nonimmigrant status in August 2015 with a validity period through September 2018. In June 2018, the Applicant filed a Form 1-539, Application to Extend/Change Nonimmigrant Status, which was approved and extended her U-3 nonimmigrant status through August 2020. In A…
MAR282022_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 28, 2022
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The Director found 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 agree with the Direc…
MAR282022_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 28, 2022
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In this case, the Petitioner alleged in her initial application that she invested $599,047 into the NCE when it was established in 2013 along with an additional $2,788,861 in 2016.1 Later, in response to the Chief's notice of intent to deny (NOID), the Petitioner alleged she invested an additional $4,416,650 into the NCE in 2018. The Chief's decision, among…