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NOV182021_03H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 18, 2021
—
The Applicant does not contest the finding of inadmissibility, which is supported by the record. The sole issue on appeal is whether the Applicant has demonstrated that his U.S. citizen spouse and parents would suffer extreme hardship upon denial of the waiver. As we explain below, the record contains insufficient evidence to establish that their hardships…
NOV182021_04B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 18, 2021
—
The record reflects that the Petitioner entered the United States in 2009 with a B-2 nonimmigrant visitor visa, inc=]2016 she married her U.S. citizen spouse J-H-1 with whom she indicates she lived fromc=]2016 until May 2017, and in October 2017 she filed her VAWA petition. With the petition and in response to the Director's request for evidence the Petitio…
NOV182021_04D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 18, 2021
—
The Petitioner acknowledges entering the United States without inspection, authorization, or parole in March 2013. The record further reflects that the Petitioner submitted a Bl/B2 visa application which was denied by the U.S. Department of State (DOS) in October 2011 based on a finding of fraud or 1 This decision is being reissued to correct an error in th…
NOV182021_04H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 18, 2021
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The Applicant does not contest that she obtained an immigration benefit through fraud or misrepresentation. When she applied for a nonimmigrant visa, she claimed to have a spouse and young children in Ukraine. She later acknowledged that she had no spouse and no children. The issue on appeal is whether the Applicant has demonstrated that her qualifying rela…
NOV182021_05B9204
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 18, 2021
—
The record reflects that the Petitioner is a native and citizen of Bolivia who entered the United States in 2005 ,marriedhis U.S. citizen spouseinl ,12018,divorcedinl 12018,and filed his VA WA petition in June 2018. 1 With the VA WA petition he submitted a personal statement, civil documents , financial records, medical records, psychological evaluations, l…
NOV182021_05H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 18, 2021
—
The Applicant does not contest his inadmissibility for obtaining an immigration benefit through fraud or misrepresentation. He acknowledges that he entered the United States in 1992 using an altered passport. The issue on appeal is whether the Applicant has demonstrated that a qualifying relative would experience extreme hardship upon denial of the waiver.…
NOV182021_06H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 18, 2021
—
An applicant who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under the INA, is inadmissible. See INA section 2I2(a)(6)(C)(i). In this instance, the Applicant was found to have made several materia…
NOV172021_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 17, 2021
—
The Applicant, a 31-year-old native and resident of Mexico, entered the United States without inspection in December 2002. In October 2014, she was granted U-1 status based upon the sexual abuse perpetrated against her as a minor by the pastor of her family's church. In September 2018, she timely filed the instant U adjustment application; the Director then…
NOV172021_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 17, 2021
—
As a preliminary matter, we note that by regulation, the scope of a motion is limited to "the prior decision," which, in this case, was our dismissal of the Petitioner's previous combined motion to reopen and motion to reconsider. See 8 C.F.R. § 103.5(a)(l)(i). The issue before us is whether the Petitioner has submitted new facts to warrant reopening or est…
NOV172021_01B9204
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 17, 2021
—
The Petitioner submitted a VA WA petition in 2017 based on her claimed relationship to a U.S. citizen spouse, J-S-C-.1 The Petitioner married J-S-C-in 2017. 1 Initials are used to protect the privacy of this individual.
A. Qualifying Relationship to a U.S. Citizen Spouse The Director determined the Petitioner did not establish she has a qualifying relation…
NOV172021_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 17, 2021
—
A. Relevant Facts and Procedural History The Petitioner, a native and citizen of Peru, claims to have entered the United States without inspection, admission, or parole in 2014. Inl I 2018, when the Petitioner was 19 years old, thd I Probate and Family Court in Massachusetts (family court) issued a DECREE (SIJ order). The family court subsequently issued an…
NOV172021_01D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 17, 2021
—
The Applicant, a native and citizen of Guatemala, claims to have last entered the United States in 2016 and filed for T classification in March 2019. He bases his T application eligibility on the claim that he was a victim of labor trafficking. The Director determined the Applicant did not demonstrate his victimization of a severe form of trafficking in per…
NOV172021_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 17, 2021
—
A. Relevant Facts and Procedural History In October 2015, the Petitioner filed his U petition with a Supplement B signed and ce1iified by the chief of police of thd I Police Departrnentinl I Minnesota ( certifying official). The certifying official checked boxes indicating that the Petitioner was the victim of criminal activity involving or similar to "Atte…
NOV172021_01D6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 17, 2021
—
The Petitioner plead guilty inl 12004 for possessing a sexual performance by a child in violation of NY Penal Law§ 263.16. The record indicates that the computer graphic images were of children less than sixteen years of age. As a result, the Petitioner was sentenced to 10 years of probation, to register as a sex offender, and to attend sex offender and psy…
NOV172021_01G1103
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 17, 2021
—
The Ventura, California ICE Field Office declared the bond breached, concluding that the Obligor and Co-Obligor did not deliver the bonded foreign national to ICE upon receipt of notice. The Co-Obligor does not assert that it delivered the bonded foreign national to ICE as requested. Instead, it asserts that"[t]he issue on appeal is whether the Co-Obligor w…
NOV172021_02A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 17, 2021
—
The Applicant is a 40-year-o ld citizen of Mexico who entered the United States without authorization in 2005. In September 2016, 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 September 2017. In November 202…
NOV172021_02G1103
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 17, 2021
—
The Baltimore, Maryland ICE Field Office declared the bond breached, concluding that the Obligor and Co-Obligor did not deliver the bonded foreign national to ICE upon receipt of notice. The Co Obligor does not assert that it delivered the bonded foreign national to ICE as required by the Immigration Bond. Instead, it asserts that "[t]he issue on appeal is…
NOV172021_02H2212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 17, 2021
—
Because the Applicant resides abroad and is applying for an immigrant visa, the Department of State makes the final determination regarding inadmissibility and eligibility for a visa. The Applicant does not contest her inadmissibility on appeal, as described in the Director's decision. Specifically, the record indicates that onl I 20 IO, the Applicant was c…
NOV172021_02H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 17, 2021
—
The Applicant does not dispute that she is inadmissible under section 212(a)(6)(C)(i) of the Act, because she entered the United States with a false passport in 1997. On the waiver application form, the Applicant identified only one relative in the United States, specifically her adult U.S. citizen daughter who was 22 years old when the Applicant filed the…
NOV172021_02H6212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 17, 2021
—
The Applicant is inadmissible under Section 212(a)(6)(C)(ii) of the Act for making a false claim to U.S. citizenship.1 The record shows that inl I 2014, he registered to vote in Ohio. See Ohio Rev. Code§ 3503.07 (stating"[e]ach person ... who is a citizen of the United States ... be entitled to be registered as an elector"). He claimed on his ce1iificate of…
NOV172021_03G1103
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 17, 2021
—
The Seattle, Washington ICE Field Office declared the bond breached, concluding that the Obligor and Co-Obligor did not deliver the bonded foreign national to ICE upon receipt of notice. The Co Obligor does not assert that it delivered the bonded foreign national to ICE as required by the Immigration Bond. Instead, it asserts that "[t]he issue on appeal is…
NOV172021_03H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 17, 2021
—
The Director determined that the Applicant is inadmissible for seeking to procure an immigration benefit through fraud or willful misrepresentation of a material fact. The record supports this determination, and the Applicant does not contest her inadmissibility. 1 Therefore, the issue on appeal is whether the Applicant has demonstrated her U.S. citizen fat…
NOV172021_04H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 17, 2021
—
The issue in this matter is whether the Director properly denied the waiver application as a matter of discretion based on a prior determination that the Applicant is barred from immigration benefits pursuant to section 204( c) of the Act. Section 204( c) of the Act states that no petition will be approved if a foreign national has 1) previously been accord…
NOV172021_06H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 17, 2021
—
We address the combined motion separately below. We first note that a substantial portion of the evidence resubmitted in support of the combined motion is identical to evidence already in the record, such as evidence submitted in support of the appeal. This evidence includes medical records for the Applicant's qualifying relative spouse; a printout of the M…
NOV172021_07H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 17, 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 establishes that the Applicant is inadmissible for misrepresentation, and the Applicant has not demonstrated that her s…