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JAN212022_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 21, 2022
—
The issue before us is whether the Applicant has demonstrated that our decision to dismiss his appeal was based on an incorrect application of law or users policy. l On appeal, the Applicant did not dispute the Director's determination that he is inadmissible under sections 212(a)(9)(B)(i)(II), 212(a)(6)(e)(i), and 212(a)(2)(A)(i)(I) of the Act and that his…
JAN212022_01H6212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 21, 2022
—
The issue before us is whether the Applicant has demonstrated that our decision to dismiss his appeal was based on an incorrect application of law or users policy. l On appeal, the Applicant did not dispute the Director's determination that he is inadmissible under sections 212(a)(9)(B)(i)(II), 212(a)(6)(e)(i), and 212(a)(2)(A)(i)(I) of the Act and that his…
JAN212022_02A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 21, 2022
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In our previous decision dismissing the Applicant's appeal, incorporated here by reference, we concluded that the Applicant did not merit a favorable exercise of discretion because his contact with the juvenile justice system, involving bringing controlled substances to his school after he was granted U-3 nonimmigrant status, and the lack of secondary evide…
JAN212022_02H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 21, 2022
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The issues on motion are whether the Applicant: (1) has established that we incorrectly applied the law or USCIS policy in our decision dismissing her appeal based on the evidence before us at the time of that decision, and (2) has submitted new facts in support of her motion to reopen establishing that her waiver application merits a favorable exercise of…
JAN212022_02H6212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 21, 2022
—
The Applicant, a Brazilian national, does not contest his inadmissibility. The record indicates that he entered the United States without inspection or parole in 2006 (making him inadmissible under section 212(a)(6)(A)(i) of the Act) and returned to Brazil without advance parole in February 2015. As the 2
Applicant accumulated more than one year of unlawfu…
JAN212022_03A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 21, 2022
—
The Applicant, a citizen of Venezuela, was granted U-2 nonimmigrant status in November 2014. The Applicant timely filed the instant U adjustment application in October 201 7. The Director denied the application, determining that the Applicant had not demonstrated that his adjustment of status to that of an LPR was justified on humanitarian grounds, to ensur…
JAN212022_03H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 21, 2022
—
The Applicant, a Brazilian national, does not contest his inadmissibility. The record indicates that he entered the United States without inspection or parole in 2006 (making him inadmissible under section 212(a)(6)(A)(i) of the Act) and returned to Brazil without advance parole in February 2015. As the 2
Applicant accumulated more than one year of unlawfu…
JAN212022_04A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 21, 2022
—
In our previous decision dismissing the Applicant's appeal, incorporated here by reference, we affirmed the Director's decision, agreeing that the Applicant had not met his burden of establishing by a preponderance of the evidence that he was lawfully admitted as a U nonimmigrant. We also agreed that the Applicant remained inadmissible under section 212(a)(…
JAN212022_05A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 21, 2022
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The Applicant, a native and citizen of Honduras, was granted derivative U nonimmigrant status in October 2015. She filed the instant U adjustment application in June 2018. In our prior decision, incorporated here by reference, we determined that the Applicant had not established that her continued presence in the United States was justified on humanitarian…
JAN202022_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 20, 2022
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A. Procedural History
The Applicant, a 40-year-old citizen of Guatemala, was granted U-1 nonimmigrant status as the victim of qualifying criminal activity in October 2014 until September 2018. In September 2018, he filed the instant U adjustment application. In May 2019, USCIS issued a request for additional evidence (RFE) to the Applicant, noting that a cr…
JAN202022_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 20, 2022
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A. Relevant Facts and Procedural History The Petitioner, a native and citizen of El Salvador, claims to have entered the United States without inspection, admission, or parole in 2014. Inl 12016, when the Petitioner was 19 years old, the California Supreme Court~ ______ ___., Probate Division (probate court) issued an Order Appointing Guardian or Extending…
JAN202022_01D12101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 20, 2022
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The Applicant is a citizen of Mexico who last entered the United States in November 2001 and has not left since. She filed her T application in October 2019 on the basis that she was solicited through force and coercion for commercial sex exploitation. The Director denied the T application after concluding that she had not established that she is physically…
JAN192022_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 19, 2022
—
The Applicant is a citizen of Mexico who claims to have last entered the United States in 2002, when he was 31 years old. In September 2009 the Applicant was granted U nonimmigrant status as a victim of felonious assault. He timely filed the instant U adjustment application in August 2013. The Director denied the application, concluding that the Applicant h…
JAN192022_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 19, 2022
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The Petitioner is a visual artist. She obtained a bachelor's de lastic arts with a ma·or in painting from the University.__ _______________________ __. inl I Venezuela in 2002.
A. Evidentiary Criteria
Because the Petitioner has not indicated or established that she has received a major, internationally recognized award, she must satisfy at least three of t…
JAN192022_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 19, 2022
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As an initial matter, 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 and arguments to the extent that they pertain to our prior dismissal of the Petitioner's appeal.
The regulation at 8 C.F.R. § 204.5(k)(3)(ii) sets forth the specific evidentiary r…
JAN192022_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 19, 2022
—
The Petitioner submitted a VAWA petition in September 2016 based on his relationship to his U.S. citizen spouse, A-F-. 1 In our previous decision, we concluded the Petitioner did not establish by a preponderance of the evidence the requisite good moral character for VA WA classification, as he has been convicted of an aggravated felony. In 2014, within the…
JAN192022_01D12101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 19, 2022
—
In this case, the Director found that the Applicant, who applied for T-1 nonimmigrant classification in 2019, is a victim of a severe form of trafficking, but did not establish she was physically present in the United States on account of a severe form of trafficking in persons, as required. The Applicant, who was born in 1968, was harbored by two brothers,…
JAN192022_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 19, 2022
—
A. Procedural and Factual History The Petitioner filed his U Petition in July 2015. In November 2019, the Director issued a request for evidence (RFE) asking the Petitioner to submit evidence to establish that he was the victim of a qualifying crime. The record contained a 2015 Supplement Band an updated 2019 Supplement B signed and certified by detectives…
JAN192022_01D15245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 19, 2022
—
USCIS accorded the Petitioner, a citizen of Nicaragua, U-1 nonimmigrant status from October 2014 through September 2018. Subsequently, USCIS adjusted the Petitioner's status to lawful permanent resident. During the pendency of the adjustment application, the Petitioner filed a U immigrant petition on behalf of the Derivative, her spouse, who is a citizen of…
JAN192022_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 19, 2022
—
The Applicant does not contest the finding of inadmissibility, which is supported by the record. The sole issue on appeal is whether the Applicant has demonstrated that her U.S. citizen mother would suffer extreme hardship upon denial of the waiver. As we explain below, the record contains insufficient evidence to establish that her mother's hardships rise…
JAN192022_01L2245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 19, 2022
—
The record reflects that the Applicant, who was born in 1980, was granted temporary resident status on May 3, 1988. To be eligible for adjustment of status to that of a permanent resident, the Applicant had to file her Form 1-698 within the statutorily prescribed 43-month period, which ended on December 3, 1991. The Applicant did not apply for adjustment of…
JAN192022_01M1244
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 19, 2022
—
In our previous decision, which we incorporate here by reference, we concluded that in finding the Applicant inadmissible under section 212(a)(2)(i) of the Act the Director had sufficient "reason to believe" that the Applicant aided in money laundering of the proceeds from controlled substance transactions, as the record indicated that the Applicant drove a…
JAN192022_02A6245
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 19, 2022
—
The Applicant, a native and citizen of Honduras, entered the United States without inspection in March 2004. The Applicant was granted U nonimmigrant status from October 2015 until September 2019, and timely filed the instant U adjustment application in September 2019.
Through a request for evidence (RFE), the Director noted that the Applicant did not subm…
JAN192022_02D14101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 19, 2022
—
A. Relevant Facts and Procedural History The Petitioner, a citizen of Mexico, filed her U Retition in December 2015 based on a claim that she was the victim of domestic abuse perpetrated inl I 2005 by her former partner who is also the father of her children. In support, she submitted a Supplement B dated in June 2015 signed and certified by a judge of the…
JAN192022_02L2245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 19, 2022
—
The only issue on appeal is whether the Applicant has shown that she entered the United States prior to January 1, 1982, and continuously resided in the United States in an unlawful status since that time until May 4, 1988. We have reviewed the entire record and conclude that the evidence is insufficient to show that the Applicant meets this requirement. Th…