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NOV102021_04D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 10, 2021
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A. Relevant Facts and Procedural History In August 2015, the Petitioner filed her U petition with a Supplement B sijed and certified by a"lieutenant/patrol division" of thel I Police Department inl _ California ( ce1iifying official). The certifying official checked boxes indicating that the Petitioner was the victim of criminal activity involving or simila…
NOV102021_04H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 10, 2021
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2
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.S(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 oflaw or USCIS policy. We incorpora…
NOV102021_05D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 10, 2021
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The Petitioner filed the instant U petition in October 2015 with a Supplement B signed by a Lieutenant in thel l Pennsylvania Police Department ( certifying official) based on a crime perpetrated against the Petitioner inl I 2014. The certifying official checked boxes indicating that the Petitioner was a victim of activity involving or similar to "felonious…
NOV092021_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 09, 2021
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The Applicant, a citizen of India, was granted U nonimmigrant status in October 2013. The Applicant timely filed the instant U adjustment application in September 201 7. The Director denied the application, determining that the Applicant had not demonstrated that his adjustment of status to that of an LPR was justified on humanitarian grounds, to ensure fam…
NOV092021_01A7245
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 09, 2021
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The Applicant is a native and citizen of Honduras who entered the United States without inspection, admission, or parole in 2003. USCIS granted the Applicant T nonimmigrant status from July 10, 2015, to July 9, 2019, as a victim of sex trafficking. The record appears to reflect that the Applicant filed the T adjustment application on June 24, 2019 . The Dir…
NOV092021_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 09, 2021
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In this case, the Petitioner submitted a sworn statement with his VA WA petition, attesting that he married his U.S. citizen spouse, T-C-,1 in 2010 and that their marital problems began in 2013. He described that she liked to go out to clubs, spent a lot of money, disappeared for several days, and"used [the Petitioner] like a machine." He stated that when h…
NOV092021_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 09, 2021
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A. Relevant Facts and Procedural History In020l5, when the Petitioner was 20 years old, thel !Family Court in New York (family court) issued an order appointing G-S-S-1 as the Petitioner's guardian in guardianship proceedings brought under section 661 of the New York Family Court Act and section 1707 of the New York Surrogate's Court Procedure Act. The orde…
NOV092021_01D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 09, 2021
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The Applicant, a citizen of South Korea, last entered the United States without authorization and filed her T application in August 2014. The Director initially approved the T application in February 2015, but revoked that approval in June 2019,afterconsideringtheApplicant'sresponse to a Notice oflntent to Revoke (NOIR). We agree with the Director that revo…
NOV092021_01D13101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 09, 2021
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The Petitioner indicates that it wishes to employ the Beneficiary in the foll-time position ofreligious studies teacher, to teach the Talmud, Jewish law, prayer, and the customs and practices of Jewish observance. It also states that he will be compensated with a salary of $31,200 per year, and that it employs three other individuals as teachers of the Talm…
NOV092021_01D14101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 09, 2021
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The record here indicates that the Petitioner's brother was the direct victim of the qualifying criminal activity of murder inD 2000.2 At the time of the criminal activity, the Petitioner's brother was 17 years of age and the Petitioner was 11 years of age. The Petitioner filed the instant U petition, seeking U nonimmigrant status as a victim of the qualify…
NOV092021_01D15245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 09, 2021
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A. Qualifying Relationship
The record indicates that the Petitioner and the Derivative were manied in~I --~12012. The Petitioner was granted U nonimmigrant status and subsequently became a lawful permanent resident in April 201 7. She filed the instant U immigrant petition on behalf of the Derivative in June 2016. The Director denied the U immigrant petitio…
NOV092021_01H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 09, 2021
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The Applicant does not contest her inadmissibility and admits that she submitted an application in 1995 containing false personal information in order to obtain immigration benefits. Thus, the Applicant must seek a waiver of this inadmissibility. The issue on appeal is whether the Applicant has established extreme hardship to the qualifying relative, her U.…
NOV092021_01H6212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 09, 2021
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A. Inadmissibility
The record reflects that the Applicant departed the United States on May 29, 2011, after having been unlawfully present for more than one year. In a brief filed with her motion, the Applicant contends: After her departure in 2011, [the Applicant] returned lawfully to the United States on a few occasions to attend a friend's funeral and to…
NOV092021_02B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 09, 2021
—
In this case, the Petitioner has been married three times. The VA WA petition currently before us alleges that her third husband, S-S-, 1 subjected her to battery or extreme cruelty. However, the Director found that there was substantial and probative evidence that the Petitioner entered into her second marriage to D-B- with the intent of evading immigratio…
NOV092021_02C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 09, 2021
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A. Parental Reunification Determination
In our prior decision, incorporated here by reference, we determined that the Petitioner, a native and citizen of El Salvador, had not established error in the Director's decision to revoke his SIJ petition because he had not demonstrated that the Order- Special Immigrant Juvenile Status (initial SIJ order) issued by…
NOV092021_02D14101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 09, 2021
—
A. Relevant Facts and Procedural History The Petitioner filed her U petition in Jul] 2015 with a SupP,lement B signed and certified by the Captain of Investigations at th~~---~-Sheriff's Office inl I North Carolina ( ce1iifying official). On part 3 .1 of the Supplement B, the certifying official checked a box indicating that the Petitioner was the victim of…
NOV092021_03D14101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 09, 2021
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A. Relevant Facts and Procedural History In January 2016, the Petitioner filed her U petition with a Supplement B signed and ce1iified by the"AC/Criminal Investigations Command" of the I !Police Department in I !Texas ( certifying official). The certifying official checked boxes indicating that the Petitioner was the victim of criminal activity involving or…
NOV092021_04C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 09, 2021
—
Inl I I ~o 17, ~ Petitioner, a nativf and citizen of Guarmala, was 17 years old, the Circuit Court for theL___J Judicial District in~ _______ Florida (Circuit Court) issued
a Final Order Granting Petition for Chapter 751 Custody by Extended Family Member and Best Interest Order (SIJ order). The SIJ order states, in pertinent part, that the Petitioner's unc…
NOV092021_05C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 09, 2021
—
In020l8, when the Petitioner was 20 years old, thq I Family Court in New York issued an order appointing the Petitioner's mother as her guardian. Based on the guardianship order, the Petitioner filed her SIJ petition in July 2018. The Director denied the petition, indicating that the evidence did not establish that USCIS' consent to the Petitioner's SIJ cla…
NOV082021_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 08, 2021
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The Applicant, a native and citizen of Nicaragua, entered the United States without inspection, admission, or parole in May 2004. The Applicant filed a Form 1-918, Petition for U Nonimmigrant Status (U petition), as the victim of a felonious assault in September 2012. Concurrent with the filing
of her U petition, the Applicant also filed a Form 1-192, Appl…
NOV082021_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 08, 2021
—
A. Relevant Facts and Procedural History The Petitioner filed her U petition in July 2015 with a Supplement B that was signed and certified in February 2015 by a lieutenant at thel I Police Department i~ I California (certifying official). The certifying official checked boxes indicating that the Petitioner was the victim of criminal activity involving or s…
NOV082021_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 08, 2021
—
The issue to be addressed in this decision is whether the Applicant has made legal arguments establishing that our decision to dismiss the appeal was based on an incorrect application of law or users policy with respect to the facts of this case. In our previous decision, we declined to adjudicate the merits of the Applicant's waiver application. We noted t…
NOV082021_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 08, 2021
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The issues on appeal are whether the Applicant is inadmissible to the United States for fraud or misrepresentation, and if so, whether she has demonstrated extreme hardship to a qualifying relative and that she merits a favorable exercise of discretion.
The Director concluded that the record did not contain evidence of Applicant's claimed entry into the Un…
NOV082021_01H6212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 08, 2021
—
The issue before us on motion is whether the Applicant has submitted new facts or evidence that overcome our reasons for dismissing his appeal and establish proper cause for reopening his waiver application. As noted, the Director denied the waiver application because a U.S. consular officer determined that the Applicant is inadmissible under section 212(a)…
NOV082021_01H7212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Nov 08, 2021
—
The issue before us on motion is whether the Applicant has submitted new facts or evidence that overcome our reasons for dismissing his appeal and establish proper cause for reopening his waiver application. As noted, the Director denied the waiver application because a U.S. consular officer determined that the Applicant is inadmissible under section 212(a)…