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DEC142021_01D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 14, 2021
—
In this case, the Director found that the Applicant was a victim of a severe form of trafficking in persons as defined by 8 C.F.R. § 214.1 l(a) when she and her mother were harbored in a store in the United States by physical force and threats to their life for the purpose of involuntary servitude. The Applicant was in sixth grade (12 years old) when this s…
DEC142021_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 14, 2021
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The record reflects that the Petitioner is a Mexican citizen, and he made several unlawful entries into the United States between 2002 and 2010 and that he has been removed from the country several times. He also has multiple criminal convictions. Ultimately, the Director determined the Petitioner
was inadmissible based on the following sections of the Act…
DEC142021_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 14, 2021
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As a preliminary matter, we note that by regulation our review of the Applicant's instant motion filing is limited to the bases supporting "the prior decision." 8 C.F.R. § 103.5(a)(l)(i). In support of her prior motions, the Applicant submitted a copy of our decision dismissing her appeal and a cover letter from her counsel, who asserted that our prior deci…
DEC142021_02D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 14, 2021
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The Applicant, a native and citizen of El Salvador, stated, in her Form 1-192, that she entered the United States without inspection in 2005. In the decision denying the Form 1-192, the Director
concluded that the Petitioner was inadmissible under section 212(a)(6)(A)(i) of the Act for being present in the United States without admission of parole and did…
DEC142021_02H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 14, 2021
—
As a preliminary matter, we note that the scope of a motion is limited to "the prior decision." 8 C.F.R § 103.5(a)(l)(i). The issue before us is whether the Applicant 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. On motion, the Applicant conte…
DEC142021_03D12101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 14, 2021
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In this case, the Director found that the Applicant, who applied for T-1 nonimmigrant classification in 2019, did not establish that he was physically present in the United States on account of a severe form of trafficking in persons, as required. The Applicant is a victim of a severe form of trafficking in that he was recruited for labor through the use of…
DEC142021_03D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 14, 2021
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A. Relevant Facts and Procedural History The Petitioner filed her U petition in September 2015 with a Sjpplement B signed and certified by a detective in the I I Police Department inl California ( certifying official). The certifying official checked boxes indicating that the Petitioner was the victim of criminal activity involving or similar to "False Impr…
DEC142021_03H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 14, 2021
—
The Director determined the Applicant inadmissible for fraud or misrepresentation under section 212(a)(6)(C)(i) of the Act for providing false information in order to obtain a nonimmigrant visitor's visa. On appeal, the Applicant does not contest her inadmissibility. Thus, the Applicant must demonstrate that denial of the waiver would result in extreme hard…
DEC142021_04D14101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 14, 2021
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A. Relevant Facts and Procedural History The Petitioner filed his U petition in December 2015 with a Fonn 1-918 Supplement B U Nonimmigrant Status Certification (Supplement B) signed and certified by a detective in the D I I Police Department inl I California ( certifying official). The certifying official checked a box indicating that the Petitioner was th…
DEC142021_05D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 14, 2021
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A. Factual and Procedural History The Petitioner, a native and citizen of Mexico filed his U etition with a Supplement B signed by the Chief Deputy ( celifying !official) of the South Carolina Sheriff's Office ( certifying agency), based on 2006 and 2012 incidents involving the forcible entry of unknown person(s) into his residence and vehicle. In response…
DEC132021_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 13, 2021
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The Applicant, a native and citizen of Mexico, was granted U-1 nonimmigrant status from October 2014 through September 2018. The Applicant filed the instant U adjustment application in September 2018. The issue on motion is whether the Applicant's continued presence in the United States is justified on humanitarian grounds, to ensure family unity, or is oth…
DEC132021_01B3203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 13, 2021
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The Petitioner currently employs the Beneficiary as a research scientist in its Division of Biological Sciences. The Beneficiary earned a Ph.D. in crop genetics and breeding from ~-------~ University in China in 2016, and completed a post-doctoral fellowship with the Petitioner before entering his current position. The Director concluded in his decision tha…
DEC132021_01B9204
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 13, 2021
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The record reflects that the Petitioner entered the United States without inspection in 1988. She filed her VAWA petition in March 2019 claiming abuse from her U.S. citizen spouse with whom she indicated she lived from 2002 until 2014.1 The Director denied the petition, concluding that the Petitioner did not establish she had a qualifying relationship and w…
DEC132021_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 13, 2021
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1nl I 2020, when the Petitioner, a native and citizen of Guatemala , was 18 years old, a Florida Circuit Court inl I (circuit court) issued an Order of Adjudication of Dependency ( dependency order). The dependency order states that the petitioner is "hereby adjudicated to be
dependent." The dependency order further declares that the Petitioner's parents n…
DEC132021_01D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 13, 2021
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The Applicant, a citizen of China, was last admitted to the United States in 2007 as a nonimmigrant artist or entertainer in a culturally unique program (P3). In 2018 she filed the instant T application claiming that she was a victim of labor and sex trafficking in the United States. A. The Applicant's Trafficking Claim and Relevant Procedural History In he…
DEC132021_01D14101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 13, 2021
—
The Director dismissed the Petitioner's motion to reopen and reconsider, determining that it was not timely filed. The Director highlighted that the Petitioner filed the motion on October 19, 2020, 231 days after the Director's adverse decision on March 3, 2020. In addition, the Director stated that the Applicant did not demonstrate that his delay in filing…
DEC132021_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 13, 2021
—
There is no dispute that the Applicant satisfied some of the derivative citizenship conditions under former and current section 320 of the Act before she was 18 years old, as her father was a U.S. citizen and she was admitted to the United States for lawful permanent residence in 1990, when she was two years old. The issue on appeal therefore is whether the…
DEC132021_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 13, 2021
—
The Applicant, a citizen of Albania, applied for an immigrant visa and the U.S. Department of State determined that she is inadmissible under section 212(a)(6)(C)(i) of the Act for fraud or willful misrepresentation of a material fact. The record reflects that she attempted to enter the United States using a falsified Greek passport in 2016 and she does not…
DEC132021_01H7212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 13, 2021
—
The Applicant was determined to be inadmissible for fraud or willful misrepresentation of a material fact under section 212(a)(6)(C)(i) of the Act for using a false identity to apply for a U.S. visitor visa on two separate occasions in 2008. Further, because the Applicant also used a false identity in attempting to obtain a U.S. visa for her minor child, sh…
DEC132021_02A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 13, 2021
—
The record reflects that in November 2013, the Applicant's spouse filed a Form 1-918, Supplement A, Petition for Qualifying Family Member of a U-1 Recipient (U derivative petition), on her behalf. In December 2016, USCIS approved the petition. The Applicant subsequently entered and was admitted
to the United States as a U-2 nonimmigrant spouse of a U-1 bas…
DEC132021_02B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 13, 2021
—
The record reflects that the Petitioner is a citizen of Nigeria who entered the United States in August 2016 with a Bl/B2 nonimmigrantvisa. Inl 12017 he married his U.S. citizen spouse, C-W-, 1 with whom he claims he resided froml 12017 until August 2017 , andhe filed his VAWApetition in November 2017. With the petition and in response to the Director's req…
DEC132021_02D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 13, 2021
—
In denying the U petition, the Director determined that the Petitioner was inadmissible to the United States under the following grounds of the Act: 212(a)(2)(A)(i)(I) for a conviction or commission of a crime involving moral turpitude; 212(a)(2)(A)(i)(II) for a controlled substance conviction; and 212(a)(2)(C)(i) as a suspected or convicted controlled subs…
DEC132021_02H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 13, 2021
—
The Applicant was determined to be inadmissible for fraud or willful misrepresentation of a material fact under section 212(a)(6)(C)(i) of the Act for using a false identity to apply for a U.S. visitor visa on two separate occasions in 2008. Further, because the Applicant also used a false identity in attempting to obtain a U.S. visa for her minor child, sh…
DEC132021_03D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 13, 2021
—
The Petitioner, a native and citizen of Guatemala, filed his U petition on August 23, 2019. The Director denied the U petition for lack of initial required evidence, as the petition was not accompanied by a properly executed Supplement B. The Petitioner then filed a motion to reopen before the Director accompanied b[ two Supplement B forms. Both Supplement…
DEC122021_01D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 12, 2021
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A. Relevant Facts and Procedural History The Applicant, a national and citizen of the Philippines, was admitted to the United States in January 2008 as an H-2B temporary non-agricultural worker to be employed in a housekeeping position at a Florida resort. I l a licensed recruitment agency in the Philippines, recruited him for the position. After his admiss…