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FEB032022_04D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 03, 2022
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The Applicant is a native and citizen of Mexico who last entered the United States without inspection in July 2000 and filed her T application in April 2019. The issue before us is whether the Applicant has established that her physical presence in the United States is on account of trafficking.
A. The Applicant's Trafficking Claim
In her statements in the…
FEB032022_04D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 03, 2022
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A. Relevant Facts and History The Petitioner filed her U petition in October 2015 with a Supplement B signed and certified in May 2015 by the Director of Immigrant Affairs for thel I New York District Attorney's Office (certifying official). The certifying official indicated the event forming the basis for the U petition occurred in 2011 but did not check a…
FEB032022_05D14101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 03, 2022
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The Petitioner, a native and citizen of Mexico, filed her U petition based on al I 2009 incident in which she was subject to abuse by her spouse. With her U petition, the Petitioner submitted a July 2015 Supplement B from the chief of police of thel I Police in Illinois ( certifying agency). In response to Part 4.2, which asks whether the Petitioner has bee…
FEB032022_06D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 03, 2022
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A. Relevant Facts and Procedural History The Petitioner filed her U petition in December 2015 with a Supplement B signed and certified by the Lieutenant of Police at the[ !Police Department inl I 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 crimina…
FEB032022_07D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 03, 2022
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A. Relevant Facts and Procedural History The Petitioner, a native and citizen of Mexico, filed his U petition with a Supplement B signed by the Chief of Police ( certifying official) of th Illinois Police Department ( certifying agency), based on al I 2010 incident involving a residential break-in. In response to Part 3.1 of the Supplement B, which provides…
FEB022022_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 02, 2022
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We summarily dismissed the Applicant's appeal for failure to articulate an error oflaw or fact pursuant to 8 C.F.R. 103.3(a)(l)(v) (stating that USCIS "shall summarily dismiss any appeal when the party concerned fails to identify specifically any erroneous conclusion of law or statement of fact for the appeal").
Relevant regulations allow for the submissio…
FEB022022_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 02, 2022
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The record reflects that the Petitioner first entered the United States at four years old in 1999 with a B2 non immigrant visa accompanying his parents. He filed his VA WA petition in April 2018. In denying the petition the Director determined that a search of U .S. Citizenship and Immigration Services (USCIS) records did not indicate that the Petitioner's…
FEB022022_01C6101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 02, 2022
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A. Procedural History
The record contains two SU petition filings for the Petitioner. The Petitioner's first SU petition was filed in August 2014. The Director denied this SU petition in April 2017, concluding the Petitioner had not submitted a response to the Director's request for evidence. The Petitioner filed a second SU petition in September 2014. The…
FEB022022_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 02, 2022
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A. Relevant Facts and Procedural History The Petitioner, a native and citizen of Mexico, filed his U petition with a Supplement B signed by the Chief ( certifying official) of the I North Carolina Police Department ( certifying agency), based on a I 2014 incident in which he was robbed at gunpoint at a gas station. In response to Part 3 .1 of the Supplement…
FEB022022_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 02, 2022
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As discussed, the record shows that the Applicant was twice convicted of possession of heroin, first in 2007 and then in 2009. These were not crimes related to a single offense of simple possession of 30 grams or less of marijuana. As such, he is ineligible to seek a waiver under Section 212(h) of the Act, and he remains inadmissible to the United States un…
FEB022022_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 02, 2022
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The Applicant does not contest the finding of inadmissibility for fraud or misrepresentation, a determination supported by the record.1 The issue on appeal is whether the Applicant's qualifying relative would experience extreme hardship if the waiver is denied. An applicant may show extreme hardship in two scenarios: 1) if the qualifying relative remains in…
FEB022022_01H6212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 02, 2022
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In our appellate decision, we determined that although we recognized that separation may negatively affect the emotional and physical well-being of the Applicant's father, particularly because of the loss of his care and companionship, the Applicant did not sufficiently demonstrate his father's hardships would rise to the level of extreme hardship if separa…
FEB022022_02A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 02, 2022
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In our previous decision dismissing the Applicant's appeal, incorporated here by reference, we concluded that the Applicant was not lawfully admitted as a U nonimmigrant as she was granted a waiver of inadmissibility under sections 212( a)( 6)(A)(i) and 212( a )(7)(B)(i)(I) of the Act only. We determined that the Applicant was additionally inadmissible unde…
FEB022022_02B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 02, 2022
—
The Petitioner is a native and citizen of Mexico who married his U.S. citizen spouse, A-E-G-, 1 in 2012, claims to have resided with her from 2010 until August 2016, and filed his VA WA petition in August 2018. In supp ortof the petition he submitted personal affidavits, an FBI records search, a letter from a county assistant district attorney, 2 a temporar…
FEB022022_02D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 02, 2022
—
The Petitioner, a native and citizen of Mexico, filed the instant U petition in July 2015 as a victim of felonious assault. The Director denied the petition, determining that the Petitioner was inadmissible under sections 212(a)(6)(A)(i) (present in the United States without being admitted or paroled) and 212(a)(7)(B)(i)(I) (nonimmigrant not in possession o…
FEB022022_02D7101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 02, 2022
—
The issues in this matter are: (1) whether the Petitioner has established that our decision to dismiss its appeal was based on an incorrect application of law or USCIS policy based on the evidence in the record at the time of our decision, and (2) whether the Petitioner has submitted new facts that warrant reopening the appeal. A. Background and Prior AAO D…
FEB022022_02H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 02, 2022
—
The Director denied the waiver application on the ground that the Applicant did not establish that his U.S. citizen spouse would experience extreme hardship if the application is denied. The Director discussed a psychological evaluation of the Applicant's wife, which concluded that she would suffer 2
severe clinical anxiety and depression if her husband is…
FEB022022_02H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 02, 2022
—
As discussed, the record shows that inl I 2001, the Applicant presented a fraudulent document to gain entry into the United States and was ordered removed. After his removal, the Applicant acknowledged that he reentered the United States without being admitted in 2006. These actions make him inadmissible under Section 212(a)(9)(C)(i)(II) of the Act. While t…
FEB022022_02H6212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 02, 2022
—
As discussed, the record shows that inl I 2001, the Applicant presented a fraudulent document to gain entry into the United States and was ordered removed. After his removal, the Applicant acknowledged that he reentered the United States without being admitted in 2006. These actions make him inadmissible under Section 212(a)(9)(C)(i)(II) of the Act. While t…
FEB022022_03D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 02, 2022
—
The Petitioner acknowledges entering the United States without inspection, authorization, or parole in February 1990 . Records further indicate that the Applicant was arrested in 1994 on charges of inflicting corporal injury on a spouse/cohabitant. The Petitioner filed her U petition in January 2016, with a Supplement B signed and certified by a special pro…
FEB012022_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 01, 2022
—
The Applicant was granted U nonimmigrant status as a victim who was helpful in the investigation of the crime. The Applicant timely filed the U adjustment application, and the Director issued a request for evidence (RFE) for the evidence required in the regulation under 8 C .F.R . § 245.24(e) to demonstrate her continued assistance in the investigation or p…
FEB012022_01A7245
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 01, 2022
—
The Applicant, a native and citizen of Guatemala, entered the United States without inspection in October 2014. The Applicant was granted T nonimmigrant status from March 2016 until March 2020, and timely filed the instant T adjustment application in October 2019. Through a request for evidence (RFE), the Director acknowledged the Applicant's submission ofl…
FEB012022_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 01, 2022
—
The issue on motion is whether the Petitioner has presented new facts or evidence that warrants reopening and reexamination of our prior determination that he did not establish he was the victim of a qualifying criminal activity, and whether the decision dismissing his appeal on this ground was incorrect as a matter of law or USCIS policy based on the evide…
FEB012022_01E2309
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 01, 2022
—
The only issue on appeal is whether the Applicant has demonstrated that she was under the age of 18 years when she began residing in the United States as a lawful permanent resident, as required under sections 320(a)(2)-(3) of the Act. 1 As stated, the Director determined that the Applicant did not meet this requirement. In making this determination, the Di…
FEB012022_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 01, 2022
—
The Applicant does not contest the Director's determination that he is inadmissible due to his conviction for a CIMT, which is supported by the record. Rather, he contests the Director's finding that his conviction was for a violent or dangerous crime. 1 He alternatively claims that, if his conviction is considered a violent or dangerous crime, then he has…