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Showing 5951–5975 of 7923 (page 239 / 317)
FEB252022_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 25, 2022
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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…
FEB252022_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 25, 2022
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A. Relevant Facts and Procedural History Inl I 2017, when the Petitioner was 20 years old, a District Court in I ______ Mississippi issued an Order Appointing Guardian of Minor (guardianship order), appointing the Petitioner's mother as his guardian. The District Court also found that the Petitioner's reunification with his father "is not possible as the bi…
FEB252022_01D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 25, 2022
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The Applicant, a44-year-old native and citizen of Mexico, first entered the United States in 1995. She filed her T application in May 2018 and bases her eligibility for T classification on her claim that F-L-,2 her former spouse and the father of two of her four children, subjected her to trafficking in the United States.
A. The Applicant's Trafficking Cla…
FEB252022_01D14101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 25, 2022
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A. Relevant Facts and Procedural History The Petitioner filed her U petition in October 2015 with a Supplement B signed and certified by a Sergeant of the I I Police Department inl !California ( certifying official). On part 3 .1 of the Supplement B, the certifying official checked a box indicating that the Petitioner was the victim of criminal activity inv…
FEB252022_01H3212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 25, 2022
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The record establishes that the Applicant is subject to the two-year foreign residence requirement under section 212(e) of the Act, which may be waived upon establishing exceptional hardship to a U.S. citizen or lawful permanent resident spouse or child. The Applicant married a U.S. citizen on I I 2020, and filed his waiver application on May 21, 2020, clai…
FEB252022_02A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 25, 2022
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The Applicant, a native and citizen of Mexico, was granted U-1 nonimmigrant status from November 2013 until November 2017. He timely filed his U adjustment application in November 2017. The Director denied the application, and subsequent motion to reopen and reconsider, determining that the Applicant had not demonstrated that his adjustment of status to tha…
FEB252022_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 25, 2022
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The Petitioner earned a Ph.D. in biochemistry from the National Institute _________ I I in I India, in 2007. While the record does not provide a complete accounting of his employment history, it does show that he has spent several years conducting research in the United States as a J-1 nonimmigrant exchange visitor at various universities, most recently! I…
FEB252022_02C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 25, 2022
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A. Relevant Facts and Procedural History In 2018, when the Petitioner was 19 years old, the Judicial District Court in Texas issued an Order in Suit Affecting Parent-Child Relationship and Declaration of Dependency (SAPCR order). In its order, the District Court determined, among other findings necessary for SIJ eligibility under section 10l(a)(27)(J) of th…
FEB252022_02H3212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 25, 2022
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The record establishes that the Applicant is subject to the two-year foreign residence requirement under section 212(e) of the Act, which may be waived upon him establishing that he cannot return to the country of his nationality or last residence because he would be subject to persecution on account of his race, religion, or political opinion. Although the…
FEB252022_03A6245
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 25, 2022
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The Applicant, a native and citizen of Mexico, entered the United States without inspection, admission, or parole in 1994. Inl 12012, an Immigration Judge in Illinois granted the Applicant voluntary departure in lieu of removal. He was given notice to depart by 2013, and failed to depart within the voluntary departure period. On I 2013, two days after the e…
FEB242022_01A6245
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 24, 2022
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The Applicant, a native and citizen of Mexico, was granted U-2 status from December 2016 until December 2020, and timely filed the instant U adjustment application in April 2020. The Director denied the application, determining that the Applicant had not complied with 8 C.F.R § 245.24(d)(5) because she had not provided a complete copy of her current passpor…
FEB242022_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 24, 2022
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A. Evidentiary Criteria
Because the Petitioner has not claimed or established 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 Director determined that the Petitioner met four of the claimed evidentiary criteria relating to awards at 8 C.F.R.…
FEB242022_01B3203
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 24, 2022
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The Beneficiary is currently employed by the Petitioner as an assistant scientist, and was initially hired as a postdoctoral researcher in 2017. She earned a Ph.D. in biomedical engineering from the University in 2016. In his decision, the Director concluded that the Petitioner met all of its requirements for this classification, and that the Beneficiary me…
FEB242022_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 24, 2022
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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…
FEB242022_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 24, 2022
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The Petitioner indicates he invested $500,0001 in the NCE, on December 10, 2015. According to the business plan, the NCE intends to operate a __ restaurant franchise located itj I California. The Chief issued a request for evidence (RFE) and a notice of intent to deny (NOID) the petition, notifying the Petitioner that he did not submit sufficient evidence d…
FEB242022_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 24, 2022
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The Petitioner is a native and citizen of Mexico who entered the United States without inspection in 2007 and filed her VA WA petition in February 2018 claiming to have been in a common law marriage and resided with her LPR spouse, I-E-1 from 2011 to September 2012. With the VAWA petition and in response to the Director's request for evidence (RFE) the Peti…
FEB242022_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 24, 2022
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A. Relevant Facts and Procedural History In 2016, when the Petitioner was 16 years old, thel I Family Court in New York (family court) issued an order appointing custody of the Petitioner to W-M- 1 in custody proceedings pursuant to Article 6 of the New York Family Court Act. In a separate order titled ORDER-Special Immigrant Juvenile Status, the family cou…
FEB242022_01D6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 24, 2022
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The Petitioner filed the fiance(e) petition on March 17, 2020. As such, the relevant period during which he must establish he and the Beneficiary met is between March 17, 2018 and March 17, 2020. In his initial filing, the Petitioner did not answer question 53 on the Form I-129F regarding whether he and his fiancee met in person during the relevant two-year…
FEB242022_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 24, 2022
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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…
FEB242022_01H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 24, 2022
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The Applicant was found inadmissible under section 212(a)(6)(C)(i) of the Act for willfully mispresenting a material fact by providing fraudulent documents in an attempt to procure an immigration benefit. On appeal, the Applicant does not contest the finding of inadmissibility. Thus, the Applicant must establish that denial of the waiver would result in ext…
FEB242022_01H6212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 24, 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…
FEB242022_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 24, 2022
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A. Evidentiary Criteria
Because the Petitioner has not claimed or established 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 Director determined that the Petitioner met three of the claimed evidentiary criteria relating to published materia…
FEB242022_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 24, 2022
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A. Member of the Professions Holding an Advanced Degree In order to show that a petitioner holds a qualifying advanced degree, the petition must be accompanied by "[a]n official academic record showing that the alien has a United States advanced degree or a foreign equivalent degree." 8 C.F.R. § 204.5(k)(3)(i)(A). The Pettioner presented a certificate (Augu…
FEB242022_02B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 24, 2022
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The record reflects that the Petitioner, a native and citizen of Israel, married A-R-, 1 a U.S. citizen, in 2016. In February 2017, A-R- passed away. The Petitioner filed the instant VAWA petition in October 201 7 based on this marriage. 2 The Director denied the VA WA petition, determining, among other findings, that the Petitioner had not established that…
FEB232022_01G1103
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 23, 2022
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A. The Co-Obligor Received Notice of the Time and Place to Deliver the Foreign National
The first issue on appeal is whether the Obligor received notice of when and where to deliver the bonded foreign national. The ICE Field Office determined that the Obligor breached a delivery bond, as the foreign national was not delivered upon request. The regulation a…