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JAN282022_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 28, 2022
—
Both the Director and this office have laid out the facts of this case, and we incorporate them here by reference. The record reflects that the Applicant's criminal history includes the following: a 2011 arrest for possession of marijuana and possession of alcohol by a minor; a 2013 conviction for felony battery, felony theft, and misdemeanor battery result…
JAN282022_01C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 28, 2022
—
The record reflects that the Petitioner, a native and citizen of Kosovo entered the United States on a J-1 student exchange visa in May 2017, when he was 19 years old. In 2018, when the Petitioner was 20 years old, a New York Family Court in New York (Family Court) issued an order granting guardianship of the Petitioner to his uncle. Subsequently, in 2018,…
JAN282022_01D12101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 28, 2022
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The Applicant, a native and citizen of Mexico, entered the United States without being inspected, admitted, or paroled in July 2013. In May 2019, the Applicant filed the instant T application, asserting that she was the victim of labor or sex trafficking in Mexico after her deportation from the United States.
A. The Applicant's Trafficking Claim
In her ini…
JAN282022_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 28, 2022
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A. The Petitioner Did Not Show She Was the Victim of Qualifying Criminal Activity 1. Battery is not a Qualifying Criminal Activity Again, "qualifying criminal activity" is that involving one or more of the 28 types of crimes listed at section 101(a)(15)(U)(iii) of the Act, or "any similar activity in violation of Federal, State, or local criminal law." Sect…
JAN282022_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 28, 2022
—
The primary issue before us is whether the Applicant has established that his mother was a U.S. citizen at the time he was born in 1976. If this is shown, we must then determine whether the Applicant's mother met the U.S. physical presence requirement to retain and then transmit her citizenship to the Applicant under section 309( c) of the Act. 1 The Applic…
JAN282022_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 28, 2022
—
The Director determined the Applicant inadmissible for unlawful presence under section 212(a)(9)(B)(i)(II) of the Act and for fraud or misrepresentation under section 212(a)(6)(C)(i) of 1he Act. On appeal, the Applicant does not contest her inadmissibility. Thus, the issue on appeal is whether the Applicant demonstrated that denial of the waiver would resul…
JAN282022_01H6212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 28, 2022
—
The Director determined the Applicant inadmissible for unlawful presence under section 212(a)(9)(B)(i)(II) of the Act and for fraud or misrepresentation under section 212(a)(6)(C)(i) of 1he Act. On appeal, the Applicant does not contest her inadmissibility. Thus, the issue on appeal is whether the Applicant demonstrated that denial of the waiver would resul…
JAN282022_02A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 28, 2022
—
A. Procedural History
The Applicant, a 32-year-old citizen of Mexico, was granted U nonimmigrant status from October 2014 until September 2018. He filed his U adjustment application in May 2018. The Director issued a request for evidence (RFE) in March 2019 requesting additional evidence regarding the Applicant's continuous physical presence, criminal histo…
JAN282022_02D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 28, 2022
—
The Applicant, a 35-year-old native and citizen of Mexico, indicated that she entered the United States without being inspected, admitted, or paroled in 2004. In June 2019, she filed the instant T application. The Director denied the application, concluding the record did not establish that the Applicant was the victim of a severe form of trafficking in per…
JAN282022_02E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 28, 2022
—
There is no dispute that the Applicant's father is a U.S. citizen, as the record contains a copy of his timely-registered birth certificate which shows that he was born in Texas in 1958. The evidence is also sufficient to show that the Applicant's paternity was established by legitimation prior to November 14, 1986, as required under the "old" section 309(a…
JAN282022_02H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 28, 2022
—
The Applicant was found inadmissible for misrepresenting his entry date and previous immigration proceedings on applications and petitions submitted to USCIS. He does not contest the finding of inadmissibility. The issue on appeal is whether the Applicant has demonstrated his U.S. citizen spouse would experience extreme hardship upon denial of the waiver. T…
JAN282022_03D12101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 28, 2022
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The Applicant, a native and citizen of El Salvador, entered the United States in September 2016 without inspection, admission, or parole. In October 2019, the Applicant filed the instant T application asserting that she was the victim of labor and sex trafficking by her spouse, P-G-.1
A. The Applicant's Trafficking Claim
In her initial statement below, the…
JAN282022_03E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 28, 2022
—
There is no dispute that the Applicant's mother is a U.S.-born citizen. The only issue on appeal is whether the Applicant has demonstrated that his mother was physically present in the United States for a continuous period of one year before he was born in Mexico inLJ 1999. The Applicant represented on his Form N-600 that his mother was in the United States…
JAN282022_04D12101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 28, 2022
—
A. The Applicant's Labor Trafficking Claims
The Applicant initially claimed that she was subjected to a severe form of trafficking in persons by her brother and his wife, and by her former boyfriend. Specifically, she asserted that she was subjected to involuntary servitude through the use of force, fraud, and coercion by her brother and his wife after they…
JAN282022_05D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 28, 2022
—
The Applicant is a 34-year-old citizen of Guatemala who claims to have last entered the United States without being admitted or paroled around October 2002. She filed her T application in December 2019 on the basis that she was the victim of labor and sex trafficking by the individuals who smuggled her to the United States. The Director denied the T applica…
JAN272022_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 27, 2022
—
The Applicant, a 28-year-old native and citizen of Mexico, entered the United States without inspection, admission, or parole in April 2008. The Applicant's mother filed a Form 1-918 Supplement A, Petition for Qualifying Member of U-1 Nonimmigrant (U petition), on his behalf which USCIS approved, according him derivative U-3 nonimmigrant status from April 2…
JAN272022_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 27, 2022
—
The record reflects that the Petitioner entered the United States without inspection in 2003, married a U .S. citizen in 2014, and filed his Form I-360 VAWA petition on January 9, 2019. With the petition
he submitted a personal affidavit, letters of support, civil documents, and photographs. The Director denied the petition, finding that the Petitioner did…
JAN272022_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 27, 2022
—
A. Procedural History
The Director denied the SIJ petition, concluding the record did not establish a court had custody over the Petitioner as a juvenile when a guardian was appointed for her, did not contain a qualifying parental reunification determination for the Petitioner, and did not contain a reasonable factual basis for the best interest determinati…
JAN272022_01D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 27, 2022
—
The Director denied the T application, concluding that although the Applicant appeared to be a victim of domestic violence, the totality of the evidence did not establish she was a victim of a severe form of trafficking in persons. The Applicant filed a motion to reopen and reconsider to the Director of 1he Vennont Service Center and simultaneously filed an…
JAN272022_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 27, 2022
—
The Petitioner filed their U petition in December of 2015 accompanied by a waiver application. On the waiver application, the Petitioner indicated he thought he was inadmissible under section 212(a)(9)(B) of the Act for unlawful presence. In June of 2020, the Director issued a request for
evidence (RFE) informing the Petitioner that he was inadmissible und…
JAN272022_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 27, 2022
—
The primary issue before us is whether the Applicant has established that her mother was a U.S. citizen at the time the Applicant was born in Mexico in 1987. If this is shown, we must next consider whether the Applicant's mother met the "one continuous year" U.S. physical presence requirement to transmit her citizenship to the Applicant at birth under secti…
JAN272022_01M1244
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 27, 2022
—
The record reflects that in 2006 the Applicant was convicted of DUI, a misdemeanor offense. The record further shows that in 2015 the Applicant was arrested by the I California Police and charged with misdemeanor disorderly conduct involving alcohol or drugs (disorderly conduct) in violation of section 667(f) of the California Penal Code, and possession of…
JAN272022_02B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 27, 2022
—
The Petitioner, a native and citizen oflvory Coast, entered the United States with a B2 visitor visa in January 2004, and in 12005 married her U.S. citizen spouse, S-S-B-1, with whom she claims she lived from November 2005 to March 2008 and from2011 to 2013. She filed her VAWA petition in May 201 7. With the petition and in response to the Director's reques…
JAN272022_02D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 27, 2022
—
The record reflects that the Applicant, a native and citizen of the Philippines, last entered the United States in November 2006, as an H-2B temporary worker to be employed for an authorized period until May 1, 2007. He filed for T classification in March 2018, claiming he was the victim of labor trafficking. The Director determined that although the Applic…
JAN272022_02D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 27, 2022
—
The Petitioner filed the U petition that is currently before us in April of 2014. The Director issued a request for evidence (RFE), indicating that the Petitioner appeared to be inadmissible to the United States under four sections of the Act: 1) section 212(as )(6)(A)(i) (present in the United States without
being admitted); 2) section 212(a)(7)(B)(i)(I)…