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SEP222021_01G1103
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 22, 2021
—
The Charlotte, North Carolina ICE Field Office declared the bond breached, concluding that the Obligor and Co-Obligor did not deliver the Foreign National to ICE upon request. The Co-Obligor does not assert that it delivered the Foreign National to ICE as requested. Instead, it asserts that "[t]he issue on appeal is whether the Co-Obligor was properly serve…
SEP222021_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 22, 2021
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The issues on appeal are whether the Applicant is inadmissible for fraud or misrepresentation, and if so, whether she is eligible for a waiver of that inadmissibility. We find that the Applicant is inadmissible for misrepresentation under section 212(a)(6)(C)(i) of the Act. We also find that the record does not establish that the claimed hardships rise to t…
SEP222021_02A6245
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 22, 2021
—
With her U adjustment application, the Applicant submitted a birth certificate document among other documents. The Director issued a request for evidence (RFE) informing the Applicant that the birth certificate in her record did not conform to the Country Reciprocity Schedule for Honduras, which indicates the required document is named "Copy of Birth Folio…
SEP222021_02B2203
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 22, 2021
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The petitioning club has trained several champion! I[ inclulding the silver medalist at the 2016 Olympics. In the United Kingdom, the Beneficiary trained at where he later worked as a coach. After entering the United States, the Beneficiary trained at the petitioning club. In early 2017, he began coaching for the Petitioner as an 0-1 nonimmigrant of extraor…
SEP222021_02C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 22, 2021
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A. Relevant Facts and Procedural History Inl 12015, when the Petitioner was 10 years old, thel !Family Court in New York appointed guardianship of the Petitioner to J-G-M-M-, 1 finding that such appointment "until he reaches the age of 21." In a separate order issued the same day and titled ORDER - SPECIAL IMMIGRANT JUVENILE STATUS (SIJ order), the Family C…
SEP222021_02G1103
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 22, 2021
—
The Chicago, Illinois ICE Field Office declared the bond breached, concluding that the Obligor and Co-Obligor did not deliver the Foreign National to ICE upon request. The Co-Obligor does not assert that it delivered the Foreign National to ICE as requested. Instead, it asserts that "[t]he issue on appeal is whether the Co-Obligor was properly served with n…
SEP222021_03A6245
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 22, 2021
—
The Applicant, a native and citizen of Mexico, was granted U-1 status from October 2015 until September 2019. The Applicant timely filed the instant U adjustment application in September 2019. The Director denied the application, determining that the Applicant had not complied with the requirements of 8 C.F.R. § 245.24(d)(9), because he did not provide suff…
SEP222021_03B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 22, 2021
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The Petitioner is a technology consultant and received his Bachelor of En in Computer Science and Engineering in 2002 frouL ____ ....-----...,..~---~---...J in! I India. At the time of filing, he was employed by.__ __ __. 1 ~---~ Maryland as a technical architect. Because the Petitioner has not indicated or established that he has received a major, internat…
SEP222021_03G1103
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 22, 2021
—
The Los Angeles, California ICE Field Office declared the bond breached, concluding that the Obligor and Co-Obligor did not deliver the Foreign National to ICE upon request. The Co-Obligor does not assert that it delivered the Foreign National to ICE as requested. Instead, it asserts that "[t]he issue on appeal is whether the Co-Obligor was properly served…
SEP222021_04A6245
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 22, 2021
—
The record reflects that the Applicant was granted U-1 status from October 1, 2015, until September 30, 2019, and filed the instant U adjustment application on October 3, 2019. In his decision, the Director correctly concluded that the Applicant did not demonstrate that she was in U status at the time of filing, as required, because her U-1 status had expir…
SEP212021_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 21, 2021
—
The Applicant, a citizen of Mexico, was approved for U-1 nonimmigrantstatus from November 2012, until November 2016. In February 2016, she filed the instant U adjustment application. In January 2017, the Director issued a request for evidence (RFE) seeking additional evidence to support a favorable exercise of discretion, including police reports for the Ap…
SEP212021_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 21, 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). Here, the subject of the prior decision was our dismissal of the Petitioner's combined motion to reopen and reconsider. As such, the issue before us is whether the Petitioner has submitted new facts to warrant reopening o…
SEP212021_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 21, 2021
—
The record demonstrates that the Petitioner qualifies as a member of the professions, and that he holds two master's degrees in civil engineering from the University ofl I Brazil: a master of sciences (2007) and a master of business administration (2018). Therefore, the Petitioner's parallel claim of exceptional ability is moot. The remaining issue to be de…
SEP212021_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 21, 2021
—
The Petitioner, a native and citizen of Ghana, married T-T-, 1 a U.S. citizen, in._l ___ ___.I 2011. She filed the instant VA WA petition in July 2017 based on this marriage. 2 The Director denied the petition, determining, in pertinent part, that the Petitioner had not demonstrated that she entered into the marriage with T-T- in good faith. The Director ex…
SEP212021_01D12101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 21, 2021
—
The Applicant is a native and citizen of Mexico who entered the United States without inspection in June 1999 and filed his T application in February 2019. The issue before us is whether the Applicant is physically present in the United States on account of trafficking. We find that he has established by a preponderance of the evidence the physical presence…
SEP212021_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 21, 2021
—
A Relevant Facts and Procedural History Within his initial personal statement, the Petitioner claimed that in 2010 he was working in the back office of his store doing paperwork when the store was closed, and the door was locked. The Petitioner stated that the lights were turned off and he suddenly heard a loud bang and the glass broke. He indicated that he…
SEP212021_02A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 21, 2021
—
The Applicant, a citizen of Mexico, was approved for U-1 nonimmigrant status from October 1, 2015, until September 30, 2019. On August 27, 2019, she filed the instant U adjustment application. The Director determined that the Applicant's U adjustment application did not merit a favorable exercise of discretion, concluding that the negative factors in her ca…
SEP212021_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 21, 2021
—
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 professional or an exceptional ability individual. A. Member of the Professions Holding an Advanced Degree In order to show that an individual holds an advanced de…
SEP212021_02D12101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 21, 2021
—
The Applicant is a native and citizen of Mexico who claims to have last entered the United States in June 2015 without being admitted, inspected, or paroled. The Applicant filed this T application in May 2018. A Relevant Factual and Procedural History The Applicant's personal statements set forth the following claim: The Applicant has been deaf since birth,…
SEP212021_02H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 21, 2021
—
The issues on appeal are whether the Applicant is inadmissible for fraud or misrepresentation and, if so, whether the Applicant has demonstrated that his spouse would experience extreme hardship. We find thatthe evidence in the record establishes thatthe Applicant is inadmissible for misrepresentation, and the Applicant has not demonstrated that his spouse…
SEP212021_03B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 21, 2021
—
As noted earlier, the initial focus of the three-prong analysis is on the endeavor itself. Although the analysis does call for the focus to move away from the proposed endeavor, shifting to the foreign national and their ability to advance the endeavor, this shift cannot take place unless the endeavor is determined to have substantial merit and national imp…
SEP212021_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 21, 2021
—
As an initial matter, we note that the review of any motion is narrowly limited to the basis for the prior adverse decision. Accordingly, we examine any new facts and arguments to the extent that they pertain to our prior dismissal of the Petitioner's appeal. On motion, the Petitioner submits a brief and a personal statement explaining why he believes he is…
SEP202021_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 20, 2021
—
The Petitioner filed her Form 1-140, Immigrant Petition for Alien Workers, on December 21, 2017, as a foreign national applying for a National Interest Waiver who is a member of the professions holding an advanced degree or an individual of exceptional ability. The Director denied the petition on September 19, 2019. The Petitioner appealed the decision on O…
SEP202021_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 20, 2021
—
The instant petition was filed with USCIS on April 12, 2018, accompanied by a labor certification that was filed with the DOL on September 22, 2017, and certified by the DOL in March 2018. A. Labor Certification Requirements and the Beneficiary's Experience The regulation at 8 C.F.R. § 204.5(1)(3)(ii)(D) states that "[i]f the petition is for an unskilled (o…
SEP202021_01B7203
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 20, 2021
—
The Petitioner indicates he invested $500,000 in the NCE on March 9, 2017.2 According to the submitted business plan, the NCE intends to operate al lmovie theater inl INevada. On October 12, 2018, the Chief issued a notice of intent to deny (NOID). On February 13, 2019, the Chief denied the petition due to abandonment but reopened the matter on Petitioner's…