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DEC082021_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 08, 2021
—
In our March 2021 decision, we concluded that the Petitioner had not sufficiently identified or provided consistent information and evidence regarding his proposed endeavor, and thus had not demonstrated eligibility for a national interest waiver under the first prong of the analytical framework
set forth in the precedent decision Matter of Dhanasar, 26 I&…
DEC082021_02D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 08, 2021
—
The Applicant, a native and citizen of El Salvador, claims to have last entered the United States in 2005. In May 2018, the Applicant filed the T application on the basis that she was solicited through force and coercion for commercial sex exploitation. The Director denied the T application concluding that the record did not establish that the Applicant was…
DEC082021_02D14101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 08, 2021
—
A. Relevant Facts and Procedural History The Petitioner filed his U petition in December 2015 with a Suprement B signed and certified by the Deputy Chief of th~ !Police Department in I Wisconsin ( certifying official). The certifying official checked a box in part 3 .1 of the Supplement B indicating that the Petitioner was the victim of criminal activity in…
DEC082021_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 08, 2021
—
As we explained in our prior dismissal, a motion to reopen is based on documentary evidence of new facts and we may grant the motion if it satisfies the requirements at 8 C.F.R. § 103.5(a)(2) and establishes eligibility for the requested benefit ( emphasis added). In dismissing the motion, we discussed the submitted evidence and concluded that it did "not s…
DEC072021_01B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 07, 2021
—
As an initial matter, we note that the Director did not address whether the Petitioner 1) is qualified for the underlying EB-2 visa classification and 2) established that his proposed endeavor has both substantial merit and national importance under Dhanasar' s first prong. The Director's new decision should include an analysis of these two issues. Regardin…
DEC072021_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 07, 2021
—
The record reflects that the Petitioner, a native and citizen of the Dominican Republic, married J-L-, 1 a U.S. citizen, illLJ20l 1. In July 2018, she filed the instant VAWA petition based on this marriage. In January 2020, the Director issued a request for evidence (RFE) explaining that although the Petitioner had submitted a background check from Massachu…
DEC072021_01C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 07, 2021
—
Inl 12016, when the Petitioner, a native and citizen of El Salvador, was 10 years old, the General Court of Justice, District Court Division o~ I North Carolina (District Court)
issued a Child Custody Order (initial custody order) awarding "sole care and custody" of the Petitioner to his mother. The custody order states, as relevant here, that the Petition…
DEC072021_01D12101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 07, 2021
—
The Applicant, a native and citizen of Guatemala, claims to have last entered the United States without being admitted, inspected, or paroled in July 1999 . The Applicant filed this T application in October 2017 on the basis that he was a victim oflabor trafficking by smugglers who brought him to the United States. The Director determined that the record es…
DEC072021_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 07, 2021
—
The Petitioner, a native and citizen of Mexico, filed his U petition in March 2015. On the Sup~lement B the Petitioner filed with his U petition, the Assistant Prosecutor in I I Ohio ( certifying official) indicated that in 2013 the Petitioner was the victim of qualifying criminal activity involving or similar to "Other: Burglary." At Part 3.3 of the Supple…
DEC072021_01D15245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 07, 2021
—
USCIS accorded the Petitioner, a citizen of Mexico, U-1 nonimmigrant status from October 2011 through October 2015. USCIS subsequently adjusted the Petitioner's status to lawful permanent resident in March 2016. The Petitioner filed a U immigrant petition in December 2018 on behalf of the Derivative, who also is a citizen of Mexico. Upon review of the recor…
DEC072021_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 07, 2021
—
The Applicant does not contest the finding of inadmissibility for a crime involving moral turpitude, a determination supported by the record. The Applicant is residing abroad and applying for an immigrant visa, therefore, the U.S. Department of State (DOS) makes the final determination concerning his eligibility for a visa. DOS advised the Applicant that he…
DEC072021_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 07, 2021
—
A Department of State consular officer found the Applicant inadmissible for smuggling her children into the United States, and for fraud or misrepresentation for two revoked marriage petitions. The issue on appeal is whether the Applicant has demonstrated her lawful permanent resident mother would experience extreme hardship upon denial of the waiver. The A…
DEC072021_01H7212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 07, 2021
—
A Department of State consular officer found the Applicant inadmissible for smuggling her children into the United States, and for fraud or misrepresentation for two revoked marriage petitions. The issue on appeal is whether the Applicant has demonstrated her lawful permanent resident mother would experience extreme hardship upon denial of the waiver. The A…
DEC072021_02H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 07, 2021
—
The Applicant was found inadmissible for fraud or misrepresentation for misrepresenting her marital and family status at her visa interview and for providing false information under oath at an adjustment of status interview, and she seeks a waiver of this inadmissibility. The issue on appeal is whether the Applicant has demonstrated her U.S. citizen spouse…
DEC072021_03H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 07, 2021
—
The record reflects that the Applicant, a citizen of China, was admitted into the United States on a K-1 fiancee nonirnrnigrant visa on May 21, 1991. The Applicant did not marry the petitioning U.S. citizen fiance within 90 days of her entry to the United States, in compliance with K-1 visa requirements. 2 Instead, she remained unlawfully in the United Stat…
DEC072021_04H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 07, 2021
—
The Applicant does not contest that he is inadmissible to the United States under section 212(a)(6)(C)(i) of the Act for having obtained an immigration benefit by fraud or misrepresentation.1 The issues on appeal are whether the Applicant has established extreme hardship to his spouse and, if so, whether he merits a waiver as a matter of discretion. We have…
DEC062021_01B9204
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 06, 2021
—
The Petitioner, a native and citizen of Honduras, married T-S-, 1 a U.S. citizen, in~I ___ I 2018. She filed the instant VA WA petition in June 2018 based on this marriage. 1 We use initials to protect the privacy of individuals.
The Director denied the petition, determining that the Petitioner had provided insufficient evidence to establish that she was a…
DEC062021_01D12101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 06, 2021
—
The Applicant, a native and citizen of the Philippines, claims to have last entered the United States in 2008, and filed for T classification in January 2018 . The Director denied the T application, concluding the Applicant had not demonstrated her physical presence in the United States is on account of trafficking, as required under the Act. The Applicant…
DEC062021_01D14101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 06, 2021
—
In March 2015, the record reflects that the Petitioner was a victim of anned robbery. The Form I-918 Supplement B, U Nonimmigrant Certification, (Supplement B) and related police report in the record indicate that the Petitioner and her partner were robbed by two suspects and that one of these suspects pointed a handgun at the Petitioner while the other, be…
DEC062021_01G1103
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 06, 2021
—
ICE the bond breached, concluding that the Obliger and Co-Obliger did not deliver the Foreign National to ICE upon request. The Co-Obliger does not assert that it delivered the Foreign National to ICE as requested. Instead, it asserts that "[t]he issue on appeal is whether the Co-Obliger was properly served with notice of when and where to deliver the [F]or…
DEC062021_01H3212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 06, 2021
—
The record establishes that the Applicant is subject to the two-year foreign residence requirement under section 212( e) of the Act because of her participation in a program funded in whole or in paii by a government agency. As stated above, the Applicant is seeking a waiver of the two-year foreign residence requirement based on the claim that her U.S. citi…
DEC062021_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 06, 2021
—
A. Motion to Reconsider In supportofthe motion to reconsider the matter, the Applicant submits a copy ofUSICSAugust 2020 Policy Memorandum that designated our decision Matter ofZ-R-Z-C-as an Adopted Decision. The Policy Memorandum specifies that under Matter ofZ-R-Z-C-, "a Temporary Protected Status (TPS) recipient who is granted authorization to temporaril…
DEC062021_02D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 06, 2021
—
A. Relevant Facts and Procedural History In January 2016, the Petitioner filed his U petition with a Supplement B signed and certified by the district attorney of thec=]Judicial District of the District Attorney's Office inl lcolorado ( ce1iifying official). The certifying official checked the box indicating that the Petitioner was the victim of criminal ac…
DEC062021_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 06, 2021
—
The Director concluded that the 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 D…
DEC032021_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 03, 2021
—
The first issue on appeal is whether the Beneficiary has the requisite educational degree and the requisite experience to qualify for the proffered position under the terms of the labor certification and to qualify him for classification as an advanced degree professional. For the reasons discussed herein, we conclude that he does not. The second issue on a…