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JAN122022_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 12, 2022
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The issues on appeal are whether the Applicant is inadmissible for fraud and whether he has demonstrated his U.S. citizen spouse would suffer extreme hardship upon denial of the waiver.
A. Inadmissibility
We agree with the Director's inadmissibility finding that the Applicant presented a fraudulent Form 1-551, Permanent Resident Card to a U.S. Customs and…
JAN122022_02A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 12, 2022
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The Applicant is a 31-year-o ld citizen of Mexico who entered the United States without authorization in 2007. In October 2015, the Director granted the Applicant U nonimmigrant status based on his victimization and assistance to law enforcement. The Applicant filed his U adjustment application in December 2018. In February 2021, the Director denied the App…
JAN122022_02B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 12, 2022
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The Petitioner is a native and citizen ofNigeria who entered the United States with a K-1 fiancee visa in 2016. She submitted a VAWA petition May 2017 based on her marriage to a U.S. citizen, M-A- 1, 1 We use initials to protectindividualidentities.
whom she claims she married in 2014. In support of her petition, she submitted personal statements; a psycho…
JAN122022_02D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 12, 2022
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The record reflects that the Applicant is a native and citizen of El Salvador who entered United States without inspection id 12014, was apprehended by U .S. Border Patrol agents, and was placed in removal proceedings. He filed a T application in November 2018. In support of the application
and in response to the Director's request for evidence, the Applic…
JAN122022_02D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 12, 2022
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A. The Petitioner Was Not the Victim of Qualifying Criminal Activity The Petitioner filed her U petition in September 2015 with a Supplement B signed and certified by a Police Administrative Supervisor of thq I Police inl I California (certifying official), based on a criminal offense perpetrated against the Petitioner in 2014. In the Supplement B, the cert…
JAN122022_02H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 12, 2022
—
The Applicant must demonstrate that denial of the application would result in extreme hardship to a qualifying relative or relatives, in this case her U.S. citizen spouse. An applicant may show extreme hardship in two scenarios: 1) if the qualifying relative remains in the United States separated from the applicant and 2) if the qualifying relative relocate…
JAN122022_03B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 12, 2022
—
The record reflects that the Petitioner is a native and citizen of Cape Verde who entered the United States as a visitor in June 2016, married his U.S. citizen spouse G-G-R- 1 inl I 2017, and filed his VA WA petition in September 2018. With the petition and in response to the Director's request for evidence the Petitioner submitted a personal affidavit, mar…
JAN122022_04B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 12, 2022
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The Petitioner submitted a VA WA petition in 2018 based upon his relationship to his U.S. citizen spouse, C-R-R-R-. 1 The Director denied the petition concluding that C-R-R-R-'s actions, as described by the Petitioner, represented the disintegration of a marriage and the Petitioner's resulting emotional and physical distress. The Director determined the evi…
JAN112022_01A6245
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 11, 2022
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The Applicant was granted U nonimmigrant status from October 2015 until September 2019, and timely filed the instant U adjustment application in May 2019. In her decision, the Director determined that the Applicant had not provided sufficient evidence to demonstrate continuous physical presence for at least three years since the date she obtained U nonimmig…
JAN112022_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 11, 2022
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The Director determined that Petitioner qualifies as a member of the professions holding an advanced degree. 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 agree with the Dire…
JAN112022_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 11, 2022
—
The Petitioner, a native and citizen of Tunisia, married his U.S. citizen spouse, J-M-T-, 1 in~I --~ 2017 while in removal proceedings. He filed his VA WA petition in December 2017. The Director denied the petition, determining that the Petitioner had not met his burden of establishing by clear and convincing evidence that he entered into marriage with J-M-…
JAN112022_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 11, 2022
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The record reflects that the Derivative, a citizen of Guatemala, first entered the United States without inspection, admission, or parole in 2001. After an arrest in 2013, the Derivative was ordered deported, and was physically removed from the United States thereafter. He reentered the United States without inspection, admission, or parole in 2014. He has…
JAN112022_01G1103
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 11, 2022
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A. The Co-Obligor Received Notice of the Time and Place to Deliver the Bonded Foreign National The first issue on appeal is whether the Co-Obligor received notice of when and where to deliver the bonded Foreign National. The ICE Field Office determined that the Co-Obligor breached a delivery bond, as the Foreign National was not delivered upon request. The…
JAN112022_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 11, 2022
—
As stated, the Applicant contests the Director's finding that she is inadmissible under section 212(a)(6)(C)(i) of the Act for fraud or misrepresentation. She contends that she did not willfully misrepresent her marital status in order to procure an immigration benefit. She also argues that even if we find she did willfully misrepresent her marital status,…
JAN112022_02A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 11, 2022
—
The Applicant is a citizen of Guatemala. The Applicant's mother filed a derivative U petition on her behalf, and U .S. Citizenship and Immigration Services (USCIS) approved her derivative U-3 nonimmigrant status from January 17, 2017 , to January 16, 2021. The Applicant was in Guatemala at the time her U petition was approved, and she subsequently obtained…
JAN102022_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 10, 2022
—
The Applicant, a citizen of Mexico , was granted derivative U nonimmigrant status on August 22, 2015, to September 30, 2018. The Director denied the Applicant's initial U adjustment application, filed on January 4, 2018 , concluding that he did not demonstrate that he had the requisite continuous physical presence in the United States as a U nonimmigrant be…
JAN102022_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 10, 2022
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We are dismissing the motion because it does not satisfy the requirements of a motion to reconsider. Here, the subject of the prior decision was our dismissal of the Petitioner's second motion to reconsider. We dismissed the second motion because the Petitioner did not contend that our previous 1 Our previous decision in this matter was ID# 10621534 (AAO MA…
JAN102022_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 10, 2022
—
The Petitioner married her U.S. citizen spouse, C-D-L- 1 inl 12014 and filed a VAWA petition based on this marriage in August 2016. The Petitioner asserts she resided with C-D-L- and her two sons at a 1510 I !Avenue d I Avenue) address from January 2014 to June 2015. The Director determined the record evidence contradicts this assertion of shared residence.…
JAN102022_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 10, 2022
—
The Petitioner is a native and citizen of Mexico who filed this U petition on December 11, 2015, based on incidents of domestic violence. Accompanying the U petition, the Petitioner provided two Supplement B forms, the first certified on June 11, 2015, and the second on June 15, 2015. Regarding the first Supplement B, the Director determined it was incomple…
JAN102022_01D6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 10, 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.S(a)(l)(i). The issue before us is whether the Petitioner has submitted new facts to warrant reopening or established that our decision to dismiss the appeal was based on an incorrect application of law or USCIS policy. We incorporat…
JAN102022_01G1103
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 10, 2022
—
The Phoenix, Arizona ICE Field Office declared the bond breached, concluding that the Co-Obligor did not deliver the bonded Foreign National to ICE upon receipt of notice. The Co-Obligor does not assert that it delivered the bonded Foreign National to ICE as required by the Immigration Bond. Instead, it asserts that "[t]he issue on appeal is whether the Co-…
JAN102022_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 10, 2022
—
The issues in this matter are whether the Applicant has submitted new facts supported by documentary evidence sufficient to warrant reopening his appeal and established that our decision to dismiss the appeal was based on an incorrect application of law or USCIS policy. In our decision dismissing the Applicant's appeal, we considered the personal statements…
JAN102022_01H3212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 10, 2022
—
The record establishes that the Applicant is subject to the two-year foreign residence requirement under section 212( e) of the Act. The Applicant sought a waiver of the two-year foreign residence requirement based on the claim thatherU.S. citizen son would sufferexceptionalhardshipifhemoved to Cameroon temporarily with the Applicant and, in the alternative…
JAN102022_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 10, 2022
—
The Applicant, a citizen of China, was determined to be inadmissible under section 212(a)(6)(C)(i) of the Act for fraud or willful misrepresentation of a material fact with respect to a previous immigrant visa application. Because the Applicant is residing abroad and applying for an immigrant visa, the U.S. Department of State makes the final determination…
JAN102022_02A6245
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 10, 2022
—
USCIS granted the Applicant U nonimmigrant status from October of 2015 to September of 2019 as a victim of qualifying criminal activity who was helpful in the investigation of the crime. The Applicant timely filed the U adjustment application in September of 2019. The Director issued a
request for evidence and a notice of intent to deny the U adjustment ap…