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DEC032021_01D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 03, 2021
—
The Applicant is a native and citizen of Brazil who most recently entered the United States without inspection, admission, or parole in 2006 . In March of 2019 , 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 force, fraud, and coercion for the purpose of subjection to debt…
DEC032021_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 03, 2021
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The Petitioner, a native and citizen of Mexico, last entered the United States without inspection in November 2013. He filed his U petition and waiver application on August 18, 2015, and the Director denied both on October 20, 2020 . In denying the waiver application, the Director determined that the Petitioner was inadmissible to the United States and did…
DEC032021_02B6203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 03, 2021
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A. Labor Certification Requirements
The education, training, and experience requirements for the proffered position of auto technician were listed as follows in section H of the labor certification: 4. 5. 6. 6-A. 7. 8. 9. 10. 14. Education: Minimum level required: Is training required for the job? Is experience in the job offered required? How long? Is an a…
DEC022021_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 02, 2021
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The Applicant is a 31-year-old citizen of El Salvador who entered the United States as a minor without authorization in 2007. In June 2013, the Director granted the Applicant derivative U nonimmigrant status based on his family member's victimization and assistance to law enforcement. The Applicant filed his U adjustment application in June 201 7. In Januar…
DEC022021_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 02, 2021
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The Director determined that the Petitioner did not establish the national importance of his proposed endeavor under the first prong of the Dhanasar analysis. As stated in the initial filing, he proposes"to work in the U.S. as a Business Analyst with an in-depth knowledge of the Brazilian oil and gas, consumer products and real estate industries." We note t…
DEC022021_01D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 02, 2021
—
The Applicant, a native and citizen of Guatemala, entered the United States in September 2005 without inspection, admission, or parole. In June 2019, the Applicant filed the instant T application asserting that he was the victim of labor trafficking by the smugglers who facilitated his unlawful entry into the United States.
A. The Applicant's Trafficking C…
DEC022021_01D14101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 02, 2021
—
A. Relevant Facts and Procedural History In November 2015, the Petitioner filed her U petition with a Supplement B signed and certified by 1he Chief of Police of the I I Police Department i~ I Washington (certifying official). The certifying official checked boxes indicating that the Petitioner was the victim of criminal activity involving or similar to "Do…
DEC022021_01H7212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 02, 2021
—
The issues on appeal are whether the Applicant is inadmissible under Section 212( a)( 6)(E)(i) of the Act, and if so, whether he is eligible for a waiver of inadmissibility. The record shows that the Applicant appeared before a U.S. Department of State Consular Officer in Mexico and discussed a 2005 incident involving his attempt to drive his brother-in-law…
DEC012021_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 01, 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 September 2019. In support of his U adjustment application, the Applicant submitted a criminal
history document from! !California. The document indicated that the A…
DEC012021_01D14101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 01, 2021
—
The Petitioner, a 32-year-old native of Brazil, filed the instant U petition in December 2015 based on an attempted kidnapping inD 2015 at the daycare facility owned by her mother where she was working at the time. The perpetrator was charged with kidnapping, assault and battery, assault and battery with a dangerous weapon, resisting arrest, assault and bat…
DEC012021_02A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 01, 2021
—
The issue on motion is whether the Applicant, a native and citizen of Mexico, merits a favorable exercise of discretion in order to adjust his status to that of an LPR. In our prior decisions, incorporated here by reference, we detailed the Applicant's criminal history, including his 2006 arrest and conviction for driving while impaired (DWI), 17 driving vi…
DEC012021_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Dec 01, 2021
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At the time of filing, the Petitioner was working paii-time as a graduate research assistant while pursuing hisPh.D.inl !engineering. Heproposesto"workinl • 1 I.___...,.....'-' -'-'a_n_;_;d_",_._-rimarily claims eligibility under Dhanasar's second prong based on his graduate work with~-~ and I 1"3 As an initial matter, we note that contrary to the Petitione…
NOV302021_01B3203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 30, 2021
—
At the time the petition was filed, the Beneficiary was employed as a researcher with the Petitioner's affiliate in China. He earned a master of science degree in computer science from the University of I I in 2014, and a Ph.D. from the same institution in 2017. The Petitioner seeks to employ him as a senior research scientist to conduct research in the are…
NOV302021_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 30, 2021
—
The Petitioner "seeks 1 tmpllyment in the field oft I• and asserts that he plans to compete as an athlete in internationa competitions, and coach othe0athletes. As stated above, the first step to establishing eligibility for a national interest waiver is demonstrating qualification for the underlying EB-2 visa classification, as either an advanced degree pr…
NOV302021_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 30, 2021
—
In this case, the Petitioner indicated in her VA WA petition that she had been married three times and alleged that her third husband, P-N-, 1 subjected her to battery or extreme cruelty. The Director issued a request for evidence (RFE) seeking, among other things, documentation of the legal termination of all of the Petitioner's previous mairiages. The Pet…
NOV302021_01D12101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 30, 2021
—
The Applicant is a native and citizen of Guatemala who entered the United States without inspection in October 2016 and filed her T application in June 2018. The issue before us is whether the Applicant has established that her physical presence in the United States is on account of trafficking.
A. The Applicant's Trafficking Claim
In her multiple statemen…
NOV302021_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 30, 2021
—
In dismissing the Petitioner's motions to reopen and reconsider the denial of his waiver application, the Director acknowledged that his 2012 conviction for illegal manufacture of drugs and attempted trafficking in drugs was vacated due to substantive and procedural defects in his case, and that he consistently denied any involvement with drug trafficking.…
NOV302021_01F1101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 30, 2021
—
The Petitioner filed the orphan petition on behalf of the Beneficiary in 2018, when the Beneficiary was eight years old. The Petitioner claims that the Beneficiary meets the definition of an orphan as the child who has no parents due to the death or disappearance of, abandonment or desertion by, or separation or loss from both parents. With the orphan petit…
NOV302021_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 30, 2021
—
With regard to the Applicant's criminal inadmissibility under section 212(a)(2)(A)(i)(I) of the Act, the Director found that the Applicant was eligible for a waiver under section 212(h)(l)(A) of the Act, but denied that waiver as a matter of discretion because she remained inadmissible under section 212(a)(6)(C)(i) of the Act for misrepresentation and she h…
NOV302021_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 30, 2021
—
The issue on motion is whether the Applicant has established extreme hardship to his qualifying relative U.S. citizen spouse.1 In our prior decision, we adopted and affirmed the Director's determination that the Applicant had not established that his spouse would experience extreme hardship both upon separation and relocation. On motion, the Applicant's spo…
NOV302021_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 30, 2021
—
As a preliminary matter, we note that by regulation, the scope of a motion is limited to "the prior decision." 8 C.F.R. § 103.5(a)(l )(i). The issue before us is whether the Petitioner has submitted new facts supported by documentary evidence to warrant reopening the petition. Upon review, we conclude that this motion does not meet the requirements of a mot…
NOV302021_02F1101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 30, 2021
—
The Petitioner filed an orphan petition on behalf of the Beneficiary, when the Beneficiary was 7 years old. The Director denied the orphan petition, concluding that the Beneficiary was not eligible for the benefit sought because the Petitioner did not submit evidence that the Beneficiary's biological mother consented to the adoption and emigration of the Be…
NOV302021_02H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 30, 2021
—
With regard to the Applicant's criminal inadmissibility under section 212(a)(2)(A)(i)(I) of the Act, the Director found that the Applicant was eligible for a waiver under section 212(h)(l)(A) of the Act, but denied that waiver as a matter of discretion because she remained inadmissible under section 212(a)(6)(C)(i) of the Act for misrepresentation and she h…
NOV302021_03D14101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 30, 2021
—
A. Relevant Facts and Procedural History The Petitioner filed her U petition in October 2015 with a Supplement B signed and certified by a captain in the I I Police Department in~---~---...,........ New Jersey ( certifying official). On part 3.1 of the Supplement B, the certifying official checked a box indicating that the Petitioner was the victim of crimi…
NOV302021_03H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 30, 2021
—
A. Inadmissibility
In his decision, the Director concluded that the Applicant willfully misrepresented a material fact on Form 1-817, Application for Voluntary Departure Under the Family Unity Program. Specifically, in an application received on July 25, 2000, the Applicant indicated that he was the unmarried child of a legalized alien, and listed that lega…