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DEC122021_02D12101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 12, 2021
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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 hotel. I I an employment agency, recruited him for the position in the Philippines. After his admission to the United States, the Applicant filed a T a…
DEC102021_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 10, 2021
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In this case, the Applicant filed a Form I-918, Petition for U Non immigrant Status (U petition), in October of 2013 which was approved in November of 2016. According to the Form I-797, Notice of Action (approval notice), the U petition was approved with validity dates from November 21, 2016, to November 20, 2020 . The Applicant was in Mexico at the time he…
DEC102021_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 10, 2021
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The Petitioner qualifies as a member of the professions holding an advanced degree. 3 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 Director that the Petitione…
DEC102021_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 10, 2021
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The record reflects that the Petitioner, a native and citizen of Jamaica, married G-W-, a U.S. citizen, 1 inl I 2005. In June 2018, she filed the instant V AW A petition based on this marriage. 1 Although the Director explained in the notice of intent to deny (NOID) that the Petitioner had not established that G-W was a U .S. citizen, the record reflects t…
DEC102021_01C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 10, 2021
—
1n02017, when the Petitioner, a native and citizen of El Salvador, was 18 years old, a probate and family court in I I Massachusetts issued an order entitled Special Findings of Facts and Rulings of Law (initial SIJ order). The initial SIJ order states, in pertinent part: that the Petitioner is dependent on the court; that her reunification with both of her…
DEC102021_01D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 10, 2021
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The Applicant, a 51-year-old native and citizen of the Philippines, last entered the United States in 2009 on an H-2B visa as a temporary non-agricultural worker. In February 2019, he filed his T application claiming he was recruited and transported through fraudulent and coercive means for the purpose of involuntary servitude. While the Director did not co…
DEC102021_02A6245
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 10, 2021
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The Applicant, a citizen of Mexico, was granted U-3 nonirnmigrant status in October of 2014. He filed the instant U adjustment application in January of 2018, attesting that he had not departed the United States since he entered the country in January of2015 in U-3 nonimmigrant status. In addition to his declaration attesting to his continuous physical pres…
DEC102021_02B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 10, 2021
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In this case, the Petitioner filed his VA WA petition in March of 2018. He submitted an index of supporting documentation, including a "Certification of Criminal History Record Search - CLEAR" According to this certification, issued by th~ I Texas Police Department, there was "No Record Found" for the Petitioner. The Director subsequently issued a Notice of…
DEC102021_03A6245
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 10, 2021
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The Applicant, a 20-year-old native and citizen of Honduras, entered the United States without inspection in September 2013, when he was 12 years old. His mother filed a Form 1-918 Supplement A, Petition for Qualifying Member ofU-1 Nonirnmigrant (U derivative petition), on his behalf, which USCIS approved, according him derivative U-3 nonimmigrant status fr…
DEC092021_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 09, 2021
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A. Procedural History
The Applicant was granted U-1 nonimmigrant status as the victim of qualifying criminal activity in October 2015, until September 2019. The Applicant filed the instant U adjustment application in July 2019. In March 2020, the Director issued a request for additional evidence (RFE) that indicated a criminal history check for the Applican…
DEC092021_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 09, 2021
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By regulation, the scope of a motion to reconsider is limited to "the prior decision." 8 C.F.R. § 103.5(a)(l)(i). Therefore, the filing before us is not a motion to reconsider the denial of the petition or the Director's dismissal of the Petitioner's first motion. Instead, the filing is a motion to reconsider our most recent decision. Therefore, we would no…
DEC092021_01D12101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 09, 2021
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The Applicant is a native and citizen of the Philippines who entered the United States with an H-2B nonimmigrant visa in July 2007 and he filed his T application in August 2019. The issue before us is whether the Applicant is physically present in the United States on account of trafficking. We find that he has established by a preponderance of the evidence…
DEC092021_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 09, 2021
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A. Relevant Facts and Procedural History In December 2015, the Petitioner filed his U petition with a Supplement B signed and certified by a lieutenant in the investigative services division for thd I Police Department inl I California ( certifying official). The certifying official checked boxes indicatingthatthe Petitioner was the victim of criminal activ…
DEC092021_01G1103
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 09, 2021
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A. The Co-Obligor Received Notice of the Time and Place to Deliver the Foreign National The first issue on appeal is whether the Obligor received notice of when and where to deliver the bonded foreign national. The ICE Field Office determined that the Obligor breached a delivery bond, as the foreign national was not delivered upon request. The regulation at…
DEC092021_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 09, 2021
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As a preliminary matter, we note that by regulation our review of the Applicant's instant motion is limited to the bases suppmiing "the prior decision." 8 C.F.R. § 103.5(a)(l)(i). In our prior decision, we acknowledged that the Applicant's spouse intends to remain in the United States if the Applicant's waiver application were denied. We also dismissed the…
DEC092021_01H6212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 09, 2021
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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 relocates overseas with the applicant. See 9 USCIS Policy Manual B.4(B), https://www.uscis.gov/policy manual/volume-9-part-b-chapter-4 (providing, as guidance, the scenarios t…
DEC092021_01H7212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 09, 2021
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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 relocates overseas with the applicant. See 9 USCIS Policy Manual B.4(B), https://www.uscis.gov/policy manual/volume-9-part-b-chapter-4 (providing, as guidance, the scenarios t…
DEC092021_02B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 09, 2021
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A. Bona Fides of the Job Opportunity In section N of the labor certification (Employer Declaration) the Petitioner certified 10 conditions of employment for the proffered position of operations research manager, one of which was: "The job opportunity has been and is clearly open to any U.S. worker." This certification accorded with the regulation at 20 C.F.…
DEC082021_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 08, 2021
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The Applicant was granted U-1 nonimmigrant status as a victim of qualifying criminal activity in October 2015, until September 2019. The Applicant filed the instant U adjustment application in January 2019. With his U adjustment application, the Petitioner submitted evidence of his criminal history from 2005 and 2006. In July 2019, USCIS issued a request fo…
DEC082021_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 08, 2021
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We will dismiss the motions because they are untimely filed. Our appellate decision was issued on May 12, 2021. The Petitioner filed his motions on August 11, 2021, more than 90 days after we issued the adverse decision. He did not provide documentation to show that the filing delay was reasonable or beyond his control and therefore we will not exercise our…
DEC082021_01D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 08, 2021
—
The Applicant is a citizen of Mexico who last entered the United States in March 1999 without inspection. He filed his T application in September 2018. The Applicant is married and has three U.S. citizen children.
A. The Applicant's Trafficking Claim1
In the personal statement the Applicant submitted in support of his T application, he reported that a frie…
DEC082021_01D14101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 08, 2021
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The Petitioner, a native and citizen of Mexico, filed her U petition in November 2015 as a victim of rape based on incidents that occurred from 2000 to 2001 when she was a minor. With her U petition and in response to the Director's request for evidence (RFE), she provided a Supplement B signed in June 2015 and an updated Supplement B signed in August 2020,…
DEC082021_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 08, 2021
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The Applicant, who is currently in China, was found inadmissible for willful misrepresentation of a material fact. On the waiver application, the Applicant states: "I do not believe that I have misrepresented any material facts because I have a bona fide marriage with my husband." In a separate statement, the Applicant states, without elaboration: "I was to…
DEC082021_01H6212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 08, 2021
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The record reflects that the Applicant was inspected and admitted to the United States several times as a B-1/B-2 visitor, and after each entry she remained in the United States beyond the period of authorized stay. The Applicant was first admitted to the United States in 2000 and remained until 2002. She was again admitted in July 2002 and remained until N…
DEC082021_02A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 08, 2021
—
The Applicant, a citizen of Mexico was granted U nonimmigrant status from October 2015 until September 2019. He timely filed the instant U adjustment application in December 2018. In our previous decision, which we incorporate here by reference, we concluded that the Applicant did not establish that his continued presence in the United States was justified…