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MAR212022_01D6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 21, 2022
—
In this case, the Petitioner and the Beneficiary have not met in person. Thus, the issue on appeal is whether the Petitioner has established that he merits a discretionary waiver of the in-person meeting requirement. On the petition, the Petitioner requested a waiver of the in-person meeting requirement, asserting that he cannot travel to the Beneficiary's…
MAR212022_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 21, 2022
—
The only issue raised by the Applicant on appeal is whether his 2001 assault conviction is for a crime involving moral turpitude that renders him inadmissible under section 212(a)(2)(A)(i) of the Act.1 He asserts that the Director incorrectly determined that this conviction renders him inadmissible, and as a result, erroneously required him to meet the heig…
MAR212022_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 21, 2022
—
The record reflects that the Applicant was admitted to the United States as a lawful permanent resident (LPR) in August 1984. Upon seeking admission as a returning LPR inl 12001, she was paroled into the United States for criminal prosecution after she was found to be in possession of heroin. In I I 2002, the Applicant was convicted under 21 U.S.C. §952(a)…
MAR212022_02B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 21, 2022
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The instant petition, Form I-140, Immigrant Petition for Alien Worker (I-140 petition), was filed in February 2018, and approved on November 26, 2018. On April 6, 2021, the Director issued a notice of intent to revoke (NOIR) the approval. In the NOIR the Director stated that it appeared the Petitioner did not provide complete, true, and correct information…
MAR212022_02B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 21, 2022
—
The Petitioner is a native and citizen of Vietnam who last entered the United States in August 2016 as visitor. In 12017 she married a U.S. citizen, C-M-P- 1, with whom she claims to have resided from luntilJuly 2017, and she filed her VA WA petitioner in September2018. With the petition and in response to the Director's request for evidence, she submitted…
MAR212022_02D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 21, 2022
—
A. Relevant Facts and Procedural History In December 2015, the Petitioner filed the instant U petition. In support of her claim, the Petitioner submitted a Supplement B as well as-among other items referenced by the Director-her personal statement, an investigative report from the police department, medical records, statements from friends and acquaintances…
MAR212022_03D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 21, 2022
—
A. The Petitioner Was Not the Victim of Qualifying Criminal Activity 1. Relevant Evidence and Procedural History The Petitioner filed her U petition in June 2016 with a Supplement B signed and certified by the director of the Office of Immigrant Affairs at thel (New York) District Attorney's Office ( certifying official). The certifying official checked a b…
MAR182022_01B6203
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 18, 2022
—
To be eligible for the classification it requests for the beneficiary, a petitioner must establish that it has the ability to pay the proffered wage stated in the labor certification. As provided in the regulation at 8 C.F.R. § 204.5(g)(2): The petitioner must demonstrate this ability at the time the priority date is established and continuing until the ben…
MAR182022_01C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 18, 2022
—
A. Relevant Facts and Procedural History Inl 12018, when the Petitioner was 16 years old, a Juvenile and Domestic Relations District Court in Virginia issued a Custody Order placing the Petitioner in the custody of his mother. The District Court determined that it was in the Petitioner's best interest to be placed under his mother's legal custody under Virg…
MAR182022_01D12101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 18, 2022
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The Applicant is a citizen of Guatemala who last entered the United States without being admitted, inspected, or paroled in April 2019. He filed his T application in December 2019, which the Director denied. On appeal, the Applicant has not overcome the Director's grounds for denial of the T application.
A. The Applicant's Trafficking Claim
The Applicant's…
MAR182022_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 18, 2022
—
The Petitioner filed the instant U petition in July 2015 with a Supplement B certified by a detective at the I California Police Department. In Part 3 .1 of the Supplement B, for criminal acts, the certifying official checked the box for felonious assault. In Part 3.3, when prompted to provide the specific statutory citation investigated or prosecuted, the…
MAR182022_02B5203
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 18, 2022
—
The Director found that the Petitoner qualifies as a member of the professions holding an advanced degree. The sole 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. At the time of filing, the Petitioner was working as a postdoc…
MAR182022_02D7101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 18, 2022
—
At issue in this matter is whether the Petitioner established that it has three or more domestic and foreign branches, subsidiaries, or affiliates that are engaged in commercial trade or services. The Director concluded that the Petitioner has only one qualifying foreign entity that is also a "commercial entity" and therefore concluded that the Petitioner d…
MAR182022_04D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 18, 2022
—
In denying the U petition, the Director concluded that the Petitioner was inadmissible, and the grounds of inadmissibility had not been waived as his waiver application had been denied. Specifically, the Director determined that the Petitioner was inadmissible under sections 212(a)(6)(A)(i) (present in the United States without being admitted or paroled), 2…
MAR182022_05D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 18, 2022
—
The Petitioner acknowledged that he entered the United States without inspection in 2003 and was placed in removal proceedings in 2014 . The record further reflects that the Petitioner has several arrests, some of which resulted in convictions. In denying the U petition, the Director concluded that the Petitioner was inadmissible, and the grounds of inadmis…
MAR172022_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 17, 2022
—
The record reflects that the Applicant, a native and citizen of Mexico, was granted U-1 status from October 2015 until September 2019, and timely filed the instant U adjustment application in September 2019. In February 2021, the Director, in a request for evidence (RFE), determined that the Applicant's medical examination was not properly completed by the…
MAR172022_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 17, 2022
—
A brief summary of this proceeding reflects that the Director determined that the Petitioner satisfied three of the ten evidentiary criteria: awards under 8 C.F.R. § 204.5(h)(3)(i), published material under 8 C.F.R. § 204.5(h)(3)(iii), and judging under 8 C.F.R . § 204.5(h)(3)(iv). As such, we evaluated the totality of the evidence in the context of a final…
MAR172022_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 17, 2022
—
As an initial matter, we note that the review of any motion is narrowly limited to the basis for the prior adverse decision. 8 C.F.R. § 103.5(a)(l)(i). Accordingly, we examine any new facts to the extent 1hat they pertain to our prior dismissal of the Petitioner's appeal. The Petitioner's stated proposed endeavor is "to continue doing advanced engineering a…
MAR172022_01D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 17, 2022
—
The Applicant, a native of Afghanistan and a citizen of Germany, was last admitted into the United States in February 2018 with an F-1 student visa. In January 2020, the Applicant filed the instant T application asserting that she was the victim of labor and sex trafficking by her domestic partner,
V-P-.1
A. The Applicant's Trafficking Claim
In her statem…
MAR172022_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 17, 2022
—
A. Relevant Facts and Procedural History The Petitioner filed his U petition with a Supplement B signed and certified by a detective with the I !California, Police Department (certifying official), based upon anl 12014 incident whereby two individuals robbed him at his store, one of the perpetrators struck his face, and the other individual threatened him w…
MAR172022_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 17, 2022
—
We dismissed the Petitioner's appeal on December 22, 2020.4 We received the Petitioner's previous motions on February 24, 2021, more than 63 days after we dismissed the appeal. In support of the instant motions, the Petitioner presents a U.S. Postal Service (USPS) receipt indicating that he mailed his previous motions on February 16, 2021, utilizing "priori…
MAR172022_02D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 17, 2022
—
A. Relevant Facts and Procedural History The Petitioner filed his U petition with a Supplement B signed and certified by a detective with the I I California, Police Department ( certifying official), based upon al I 2007 incident whereby two individuals hit him in the head with a fist, then struck him several times when he fell on the ground and took his pe…
MAR172022_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 17, 2022
—
The facts and evidence presented in the instant matter warrant a finding of willful misrepresentation of a material fact against the Petitioner. Based on the evidence in the record, the Petitioner made willful misrepresentations regarding his work experience and other qualifications for employment in the field of business, and his contributions to the field…
MAR172022_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 17, 2022
—
The record indicates that Petitioner qualifies as a member of the professions holding an advanced degree. 3 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 the Pe…
MAR172022_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 17, 2022
—
The Director found that the Petitioner qualifies as a member of the professions holding an advanced degree. The issue 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 agree with the Director that the Peti…