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NOV232021_02C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 23, 2021
—
Inl I 2018, when the Petitioner, a native and citizen of El Salvador, was 17 years old, the Virginia Circuit Court of thel !(Circuit Court) issued an Order (initial SIJ order)
granting custody of him to his mother. The initial SIJ order states, in pertinent part, that the Petitioner's father has neglected and abandoned him within the meaning of section 16.…
NOV232021_02H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 23, 2021
—
The issues on appeal are whether the Applicant is inadmissible for fraud or misrepresentation and, if so, whether the Applicant has demonstrated that her spouse would experience extreme hardship. We conclude that the evidence in the record shows the Applicant's inadmissibility, and the Applicant has not established that her spouse would experience extreme h…
NOV232021_02H6212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 23, 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 con…
NOV232021_03A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 23, 2021
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In denying the Applicant's U adjustment application, the Director concluded that the Applicant's positive and mitigating equities were outweighed by the adverse factor of his criminal history. She noted that the Applicant failed to submit a statement describing the circumstances leading up to his arrest for possession of a stolen credit card.1 Without this…
NOV232021_03C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 23, 2021
—
In 2016, when the Petitioner was 19 years old, the New York Family Court forl l{Family Court) appointed guardianship of the Petitioner to his uncle, finding that such appointment "shall last until the [Petitioner's] 21st birthday .... " In a separate order issued on the same day, the Family Court issued an ORDER-Special Immigrant Juvenile Status (SIJ order)…
NOV222021_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 22, 2021
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The Applicant, a native and citizen of Brazil, was granted U-2 nonimmigrant status as the spouse of a victim of qualifying criminal activity from October 2014 to September 2018, and timely filed her U adjustment application in May 2018. The Director denied the application, concluding that the Applicant had not submitted sufficient evidence to establish that…
NOV222021_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 22, 2021
—
The Petitioner submitted a VAWA petition in 2014 based on his claimed relationshT to a U .S. citizen spouse, S-S-M-. 1 The Petitioner indicated he married S-S-M- onl 2009, inl I 1 Initials are used to protect the privacy of this individual.
Mexico. The Petitioner submitted two separate copies of marriage certificates for their marriage, both purportedly is…
NOV222021_01C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 22, 2021
—
A. Relevant Facts and Procedural History In 201 7, when the Petitioner was 18 years old, a probate and family court in Massachusetts issued an order entitled Order of Special Findings and Fact and Rulings of Law (SIJ order), declaring that the
court made its findings "[ a ]fter hearing, and based on supporting documents and affidavits." The STJ order state…
NOV222021_01D12101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 22, 2021
—
The Applicant, a 46-year-old native and citizen of Mexico, last entered the United States without being inspected, admitted, or paroled in March 2016. In June 2019 , she filed her T application claiming her smugglers subjected her to trafficking in the United States.
A. The Applicant's Trafficking Claim
According to her personal statements submitted below,…
NOV222021_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 22, 2021
—
The record reflects that in February 2015 the Petitioner filed her U petition with a Supplement B signed and certified by a lieutenant of the I I Family Justice Center of the I I Police Department inl !California ( certifying official) certifying that the Petitioner was the victim of domestic violence stemming from criminal activity in 2014. In December 202…
NOV222021_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 22, 2021
—
The issue on motion is whether the additional evidence is sufficient to resolve the discrepancies in the record and overcome our prior determination that the Applicant did not establish he qualified as an"adopted child" for the purposes of derivative citizenship under section 320 of the Act. We incorporate our appellate decision herein by reference, and wil…
NOV222021_01G1103
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 22, 2021
—
The Charlotte, NC ICE Field Office declared the bond breached, concluding that the obligors did not deliver the bonded foreign national to ICE upon receipt of notice. The Co-Obligor files this appeal asserting that "[t]he issue on appeal is whether the Co-Obligor was properly served with notice of when and where to deliver the [F]oreign National." The Co-Ob…
NOV222021_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 22, 2021
—
The record reflects that the Applicant attempted to procure admission to the United States onl~--~ D2002, at thel I Airport inl lwith another individual's U.S. passport, she was found inadmissible under section 212(a)(6)(C)(ii) of the Act for making a false claim to U.S. citizenship, she received an expedited removal order, and she was removed to Nigeria. O…
NOV222021_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 22, 2021
—
The issue before us is whether the Applicant has demonstrated that our prior decision was incorrect as a matter of law or policy based on the evidence in the record. By regulation, the scope of a motion is limited to "the prior decision." 8 C.F.R. § 103.5(a)(l)(i). On motion, the Applicant alleges that we "based [ our dismissal of the appeal] on an unspecif…
NOV222021_02G1103
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 22, 2021
—
The San Diego, California ICE Office declared the bond breached, concluding that the obligors did not deliver the bonded foreign national to ICE upon receipt of notice. The Co-Obligor files this appeal asserting that "[t]he issue on appeal is whether the Co-Obligor was properly served with notice of when and where to deliver the [F]oreign National." The Co-…
NOV222021_02H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 22, 2021
—
The issues before us are whether the Applicant is inadmissible under section 212(a)(6)(C)(i) of the Act for fraud or misrepresentation, whether his lawful permanent resident spouse would experience extreme hardship, and whether he merits a waiver as a matter of discretion. In regard to the first issue, the Director found that the Applicant misrepresented hi…
NOV222021_03H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 22, 2021
—
With the waiver application, the Applicant provided sworn declarations from herself and her spouse, who immigrated from China in 2006 and became a U.S. citizen in 2019. In their respective declarations, the Applicant and her spouse stated that they wou Id have extremed ifficulty finding work and a means to support themselves. The Applicant's spouse pointed…
NOV192021_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 19, 2021
—
The Applicant, a 25-year-old native and citizen of Mexico, entered the United States without inspection, admission, or parole in 2000. In November 2014, the Director granted the Applicant derivative U-3 nonimmigrant status. The Applicant timely filed the instant U adjustment application in October 2018. In February 2020, the Director issued a decision denyi…
NOV192021_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 19, 2021
—
In this case, the Petitioner married A-G- 1, a U.S. citizen, inl 12014. After responding to two requests for evidence (RFE) issued by the Director which sought, in part, additional documentation demonstrating that the Petitioner entered into the marriage in good faith, the Director denied the VA WA petition, concluding the Petitioner did not establish that…
NOV192021_01D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 19, 2021
—
The Applicant, a native and citizen of the Philippines was last admitted to the United States in January 2007, as an H-2B nonimmigrant (temporary non-agricultural worker) based on an approved 1 The definition of a severe form of trafficking also includes commercial sex trafficking, which does not apply in this case. 8 C.F.R. § 214.ll(a).
nonimmigrant visa…
NOV192021_01D14101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 19, 2021
—
A. Relevant Facts and Procedural History The Petitioner filed her U Jetition in November 2015 with a Supplement B signed and certified by a Lieutenant in thd.___ __ _.Police Department inl I CA ( 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 inv…
NOV192021_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 19, 2021
—
There is no dispute that the Applicant has been residing in the United States as a lawful permanent resident since June 2000 and that his parents naturalized as U.S. citizens in April 2003. The issues on appeal are whether the Applicant has established that he was under the age of 18 years in April 2003, when his parents naturalized and, if so, whether foll…
NOV192021_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 19, 2021
—
The Applicant is currently in the United States and seeks permission to reapply for admission pursuant to the regulation at 8 C.F.R. § 212.2(j) before departing the United States. 1 Because he has an 1 The approval of his application is conditioned upon departure from the United States and will have no effect if the Applicant does not depart.
outstanding o…
NOV192021_01H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 19, 2021
—
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. Demonstrating extreme hardship under both scenarios is not required if the applicant's evidence demonstrates that one of these scenarios wou…
NOV192021_02B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 19, 2021
—
In this case, the Petitioner married T-K-1, a U.S. citizen, inl 12017. In his initial affidavit submitted with his VAWA petition, he stated that he was introduced to T-K-at a friend's house and: while we were having a friendly conversation, we grew to like each other and she proposed marriage to me. Her proposal took me off guard and I decided to think abou…