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DEC162021_03A6245
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 16, 2021
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The Applicant, a native and citizen of Guatemala, was granted U nonimmigrant status from October 2015 to September 2019 . She filed the instant U adjustment application in September 2019. The Director denied the application, finding that the Applicant had not complied with the requirements of 8 C.F.R. § 245.24(d)(5). Specifically, the Director noted that, a…
DEC162021_03D12101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 16, 2021
—
The Applicant, a 24-year-old native and citizen of Mexico, last entered the United States without being inspected, admitted, or paroled on or about February 2012. In April 2018, she filed her T application claiming her boyfriend obtained, transported, and harbored her for the purpose of subjecting her to involuntary servitude in the United States.2 The Dire…
DEC162021_03H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 16, 2021
—
The Director stated in the decision that the Applicant claimed on her 2012 and 2016 online non immigrant visa applications that she was married to I l but in fact, she had been divorced since 2002. The Director, however, did not explain why the Applicant's marital status 2
constitutes a material fact under Section 212(a)(6)(C)(i) of the Act. See Kungys, 48…
DEC162021_04A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 16, 2021
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Lawful admission, as utilized at 8 C.F .R. § 245 .24(b )(2)(i), contemplates both procedural regularity and compliance with substantive legal requirements. See Matter of Longstaff, 716 F.2d 1439, 144142 (5th Cir. 1983) (holding that the term "lawfully admitted" at section IO I (a)(20) of the Act, 8 U.S.C. § 110l(a)(20), "denotes compliance with substantive…
DEC162021_04D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 16, 2021
—
The Applicant, a 40-year-old native and citizen of Guatemala, last entered the United States without inspection, admission, or parole in or aroundl I 2005. The Applicant filed her T application in November 2018 on the basis that a United States Border Patrol agent subjected her to a commercial sex act. In January 2020, the Applicant was issued a request for…
DEC162021_05A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 16, 2021
—
The Applicant, a native and citizen of Guatemala, entered the United States without permission, inspection, or parole in June 2003. He was granted U nonimmigrant status in October 2015 based on having been the victim of a felonious assault in which he was struck in the face with a hammer. He filed the instant U adjustment application in October 2019. The Di…
DEC162021_05D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 16, 2021
—
The Applicant, a citizen of Mexico, last entered the United States in August 2008. He filed his T application in November 2018.
A. The Applicant's Trafficking Claim
The Applicant indicated in his personal statements that he met R-S-1 and his son, R-J-, in Mexico in 2007, R-S- told the Applicant he could work in the United States in the sugar cane fields wi…
DEC152021_01A6245
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 15, 2021
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A. Relevant Facts and Procedural History The Applicant is a 26-years old citizen of Mexico who claims to have been smuggled into the United States in December 1995 when she was approximately two months old. In 2013, the Applicant's mother filed a Form 1-918 Supplement A, Petition for Qualifying Family Member of U-1 Recipient (derivative U petition), on her…
DEC152021_01A7245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 15, 2021
—
The Applicant, a citizen of the Republic of Korea, entered the United States in December 2004 without inspection, admission, or parole. Subsequently, she was granted T-1 nonimmigrant status from August 2013 until August 2017. She departed the United States on January 22, 2014, and returned on May 29, 2014,1 when she was paroled into the United States. Her s…
DEC152021_01B3203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 15, 2021
—
The Beneficiary earned a master of science degree in statistics from I I University in 2014, and a Ph.D. in measurement and quantitative methods from the same institution in 2015. She began her employment with the Petitioner in 2018 as a Data Scientist II, which involves conducting research in the field of psychometrics. After reviewing the initial evidence…
DEC152021_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 15, 2021
—
The Director found that the Petitioner qualifies as a member of the professions holding an advanced degree. Although the Director found substantial merit in the proposed endeavor in the field of oil and gas industry consultation, the Director concluded that the record does not establish that the Petitioner's endeavor has national importance. The Director al…
DEC152021_01D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 15, 2021
—
The Applicant is a native and citizen of Mexico who last entered the United States without admission, inspection, or parole in November 2002 and filed her T application in November 2017, which was denied. In our decision on appeal, which is incorporated here by reference, we determined that the Applicant had not established by a preponderance of the evidenc…
DEC152021_01D9101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 15, 2021
—
We concluded in our rev10us decision that while the Petitioner had presented letters from two individuals a designer, event planner, and cultural planner in Brazil, and ~--------~ a Brazilian craftsman, interior designer, and entrepreneur - it did not submit evidence relating to their credentials confirming that they were "recognized experts" qualified to"a…
DEC152021_01G1103
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 15, 2021
—
A. The Co-Obligor Received Notice of the Time and Place to Deliver the 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 regulat…
DEC152021_02A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 15, 2021
—
The record reflects that the Petitioner, a citizen of Mexico, first entered the United States without inspection, admission, or parole in September 1997. Evidence in the record indicatesthat in November 1998, the Petitioner departed the United States, and in February 1999, he reentered using fraudulent documentation. In September 2000, the Petitioner depart…
DEC152021_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 15, 2021
—
The Director found that the Petitioner did not have an advanced degree or its equivalent and, moreover, did not establish he is an individual of exceptional ability. If the Petitioner does not establish eligibility either as an advanced degree professional or as an individual of exceptional ability, we need not determine whether a waiver of the job offer re…
DEC152021_02D12101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 15, 2021
—
The Applicant, a 3 5-year-o ld native and citizen of Mexico, last entered the United States without being inspected, admitted, or paroled in April 2008. 2 In February 2017, she filed the instant T application claiming her former spouse subjected her to trafficking in the United States. Contrary to the decision of the Director, the Applicant has submitted su…
DEC152021_02G1103
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 15, 2021
—
A. The Co-Obligor Received Notice of the Time and Place to Deliver the 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 regulat…
DEC152021_03D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 15, 2021
—
The Applicant is a citizen of the Philippines who first entered the United States in December 2007 as an H-2B nonimmigrant to be employed as a housekeeper in a hotel. He filed his T application in April 2018.
A. The Applicant's Trafficking Claim
In his personal statement in support of his T application, the Applicant stated that he borrowed approximately $…
DEC152021_03G1103
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 15, 2021
—
A. The Co-Obligor Received Notice of the Time and Place to Deliver the 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 regulat…
DEC152021_03H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 15, 2021
—
The Director found in his decision that the Applicant was inadmissible for fraud or willful misrepresentation under section 2 l 2(a)(6)(C)(i) of the Act for having used another person's visa to enter the United States in 1996. The Applicant does not challenge this finding on appeal. A. Ineffective Assistance of Counsel The Applicant asserts on appeal that t…
DEC152021_04D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 15, 2021
—
The Applicant, a native and citizen of Mexico, most recently entered the United States without inspection, admission, or parole in 1998. In November 2018, the Applicant filed the T application before us on appeal on the basis that she was a victim of labor trafficking through the use of coercion
for the purpose of subjection to involuntary servitude while…
DEC152021_04G1103
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 15, 2021
—
A. The Co-Obligor Received Notice of the Time and Place to Deliver the 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 regulat…
DEC152021_05G1103
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 15, 2021
—
A. The Co-Obligor Received Notice of the Time and Place to Deliver the 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 regulat…
DEC142021_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 14, 2021
—
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…