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Showing 6876–6900 of 7923 (page 276 / 317)
OCT272021_02H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 27, 2021
—
The Applicant does not contest the grounds for inadmissibility, as described in the Director's decision, which we incorporate here. Additionally, the record reflects that o~ I 2009, the Applicant was found inadmissible for misrepresentation and for not being in possession of a valid unexpired immigrant visa or other valid entry document. Sections 212(a)(6)(…
OCT272021_02H6212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 27, 2021
—
The Applicant acknowledges that he is inadmissible for both unlawful presence (having overstayed the period authorized by a nonimmigrant visa by more than one year) and for willful misrepresentation (having altered a passport in an attempt to conceal his prior unlawful presence). He seeks a waiver of these grounds of inadmissibility. The issue on appeal is…
OCT272021_03H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 27, 2021
—
In support of his motion to reopen, the Applicant has not provided new facts or submitted new affidavits or other documentary evidence demonstrating his eligibility for the requested benefit. While substantial evidence was submitted with the motion, it consists entirely of copies of evidence previously submitted with the Applicant's Form I-601 and his subse…
OCT272021_03H6212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 27, 2021
—
The record indicates, and the Applicant does not contest, that she is inadmissible under Section 212(a)(9)(B)(i) of the Act for having departed the United States after more than one year of unlawful presence. Specifically, the Applicant entered the United States with a B-2 visitor visa in or around June 2001 and departed in or around June 2003, thus accruin…
OCT272021_04H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 27, 2021
—
The Applicant acknowledges that he is inadmissible for both unlawful presence (having overstayed the period authorized by a nonimmigrant visa by more than one year) and for willful misrepresentation (having altered a passport in an attempt to conceal his prior unlawful presence). He seeks a waiver of these grounds of inadmissibility. The issue on appeal is…
OCT272021_05H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 27, 2021
—
Upon review, we have determined that three independent factors mandate withdrawal of the Director's decision. We will therefore remand the matter for further action in accordance with the following discussion.
A. True Facts
The Applicant does not dispute that she provided a falsified death certificate for her first husband, whom she married in 1983, in sup…
OCT272021_06H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 27, 2021
—
The issue on motion is whether the Applicant has established extreme hardship to her qualifying relative U.S. citizen spouse.1 In our prior decision, which we incorporate here, we determined that the Applicant had not established that her spouse would experience extreme hardship if he remained in the United States without her. On motion, the Applicant chall…
OCT262021_01A6245
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 26, 2021
—
The Applicant, a 29-year-old native and citizen of Mexico, last entered the United States in 2003 without inspection, admission, or parole. The Applicant's U petition was approved in 2013 based on his family member's victimization and assistance to law enforcement. The Applicant filed the instant U adjustment application in October 2019. The Director denied…
OCT262021_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 26, 2021
—
The Director found 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 Direc…
OCT262021_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 26, 2021
—
The Petitioner's initial application indicated he invested $287,919.60 in the NCE on March 31, 2004. 2 According to the business plan, the NCE operates anl I business i~ I New York. For the reasons discussed below, we find the Petitioner has not demonstrated, by a preponderance of the evidence, that his invested capital did not derive, directly or indirectl…
OCT262021_01D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 26, 2021
—
The Applicant is a native and citizen of South Africa who last entered the United States with an H-1B visa in April 2009 and filed his T application in June 2017, which was denied. In our decision on appeal, which is incorporated here by reference, we determined that the Applicant had not established by a preponderance of the evidence that his physical pres…
OCT262021_01D14101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 26, 2021
—
The Petitioner filed her U petition in September 2015 with a Supplemrt B :i~led and certified by a lieutenant of the Services Division of thel !Police Department in California ( certifying official). The certifying official checked the box indicating that the Petitioner was the victim of criminal activity involving or similar to "Felonious Assault." The cer…
OCT262021_01H2212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 26, 2021
—
The issue on appeal is whether the Applicant's qualifying relative would experience extreme hardship if the waiver was denied. The Applicant does not contest the finding of inadmissibility for being convicted of crimes involving moral turpitude. 1 On appeal, the Applicant submits new evidence and argues the record supports a finding of extreme hardship if t…
OCT262021_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 26, 2021
—
The issues on appeal are whether the Applicant is inadmissible for willful misrepresentation and whether he has demonstrated his U.S. citizen spouse would suffer extreme hardship upon denial of the waiver.
A. Inadmissibility
We agree with the Director's inadmissibility finding that the Applicant misrepresented his education and work experience. Specificall…
OCT262021_02D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 26, 2021
—
In this case, the Director denied the T application, concluding that the Applicant had not demonstrated she was a victim of a severe form of trafficking in persons. The Director found that although the Applicant established that she was mistreated and sexually assaulted by her smugglers, the record did not show she was a victim of a severe form of trafficki…
OCT262021_02D14101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 26, 2021
—
The Petitioner filed his U petition in December 2015 with a Supplement B signed and certified by a lieutenant of the Youth and Family Services of thel I Police Department inl I California ( certifying official). The certifying official checked the boxes indicating that the Petitioner was the victim of criminal activity involving or similar to "Felonious Ass…
OCT262021_02H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 26, 2021
—
The issue on motion is whether the Applicant has established extreme hardship to her spouse. In our prior decision, which we incorporate here, we found that the Applicant did not establish that her spouse would experience extreme hardship due to her continued inadmissibility. On the instant motion, the Applicant again asserts that her spouse would experienc…
OCT262021_03B9204
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 26, 2021
—
In this case, the Director discussed the positive factors in the case, including the Petitioner's involvement in her church, her volunteer work in the community, several letters of recommendation, and a certificate of recognition. However, the Director found that although the Petitioner submitted a police clearance showing that no criminal record existed, t…
OCT262021_03D12101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 26, 2021
—
The Applicant is a national of Guatemala who claims to have entered the United States without inspection in 2007 at the age of 18 years. He filed the instant T application asserting that he was recruited and transported into the United States through the use of force or coercion for the purpose of involuntary servitude.
A. The Applicant's Trafficking Claim…
OCT262021_03D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 26, 2021
—
A. Relevant Facts and Procedural History In September 2015, the Petitioner filed his U petition with a Supplement B signed and certified by an officer in the Domestic Violence Unit in thel I Police Department inl I New York ( certifying official). The certifying official checked a box indicating that the Petitioner was the victim of criminal activity involv…
OCT262021_03H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 26, 2021
—
The issues on appeal are whether the Applicant is inadmissible for willful misrepresentation and whether she has demonstrated her U.S. citizen spouse would suffer extreme hardship upon denial of the waiver.
A. Inadmissibility
We agree with the Director's inadmissibility finding that the Applicant misrepresented her marital status when she applied for a non…
OCT262021_04B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 26, 2021
—
The record reflects that the Petitioner, a native and citizen of Nigeria, married K-B-, 1 a U.S. citizen, in02016. She filed the instant VA WA petition in March 2018. The Director denied the petition, determining that the Petitioner had not established that she resided with K-B-, as required. The Director observed that the Petitioner's affidavits were vague…
OCT262021_04D14101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 26, 2021
—
In denying the U petition, the Director concluded that the Petitioner was subject to two grounds of inadmissibility, as a nonimmigrant present without admission or parole and without a valid passport, under sections 212(a)(6)(A)(i) and (7)(B)(i)(I) of the Act, respectively. The Director also noted that though the Petitioner submitted documentation related t…
OCT252021_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 25, 2021
—
The Applicant, a native and citizen of Jamaica, was granted derivative U nonimmigrant status from January 2014 until December 2018. He filed the instant U adjustment application in January 2018. In our prior decision, incorporated here by reference, we determined that the Applicant had not established that his continued presence in the United States was jus…
OCT252021_01B9204
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Oct 25, 2021
—
The Petitioner, a native and citizen of the Dominican Republic, married J-C-, 1 a U.S. citizen, in 2013 and divorced him in 2016. In February 2017, she filed her VAWA petition based on her marriage. The Director denied the petition, determining that the Petitioner had not demonstrated that she was subjected to battery or extreme cruelty by J-C- during the m…