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SEP162021_02C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 16, 2021
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A. Relevant Facts and Procedural History The Petitioner, a native and citizen of Ecuador, claims to have entered the United States without ~tion, admission, or parole in 2011. In CJ 201 7, when the Petitioner was 20 years old, the L__J Probate and Family Court in Massachusetts (family court) issued a DECREE OF SPECIAL FINDINGS OFF ACT AND RULINGS OF LAW (SI…
SEP152021_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 15, 2021
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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…
SEP152021_01D12101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 15, 2021
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The Applicant, a native and citizen of Mexico, claims to have entered the United States without being inspected, admitted, or paroled on an unknown date in 1995. In September 2018, the Applicant filed the instant T application, asserting that he was the victim of labor trafficking by J-L-1 and people associated with J-L-.
A. The Applicant's Trafficking Cla…
SEP152021_01D13101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 15, 2021
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The Petitioner filed its petition in June 2020. It did not submit an IRS determination letter. Instead, it provided an Exemption Verification Letter from the State of Texas. A letter from Texas, however, is not an IRS determination letter, which the Petitioner must submit under the regulation. See 8 C.F.R. § 214.2(r)(3 ), (9). In a January 2021 letter, the…
SEP152021_01D14101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 15, 2021
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A. Factual and Procedural History The Petitioner is a Mexican citizen who entered the United States without being inspected, admitted, or paroled in 2003. She explained in her personal statement that she has two U.S. citizen children and the father of her youngest child assaulted her and she was the victim of domestic violence. We will refer to the accused…
SEP152021_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 15, 2021
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At the time his pet1t10n was filed, the Petitioner was employed byl las a creative technologist. He earned a master of science degree in media arts and technology from the University of~------------~ in 2011, and has since worked to create interactive and experiential multimedia displays for tradeshows, tourist attractions and museums. He states that he int…
SEP152021_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 15, 2021
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The Petitioner initially described the endeavor as "[relying] on significant experience and [utilizing his] independent judgement in planning and accomplishing goals" as a "structural engineer." In response to the Director's request for evidence (RFE), the Petitioner asserted that he is a structural engineer and researcher working as an assistant professor…
SEP152021_02C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 15, 2021
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Inl 12016, when the Petitioner was 20 years old, the New York Family Court fon I I kFamily Court) appointed guardianship of the Petitioner to J-S-, 1 finding that such appointment"shall last until the [Petitioner's] 2Pt birthday." In Februjry 20r, based upon the Family Court guardianship order, the Petitioner filed his SU petition. In 2017, the Family Court…
SEP152021_02D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 15, 2021
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The Applicant, a native and citizen of Honduras, claims to have entered the United States without being inspected, admitted, or paroled, first in January 2003 and most recently in August 2015. In July 2018, the Applicant filed the instant T application, asserting that she was subjected to trafficking by her cousin, J-A-. 1 The Director denied the T applicat…
SEP152021_02D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 15, 2021
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A Relevant Facts and History Around 2010, the Petitioner reported that some men approached her and her brother on the street and put a gun to their heads demanding they turn over cocaine. When none was produced, they took her brother into the Petitioner's home and searched it and took their money. She claimed one perpetrator told the other to kill both the…
SEP152021_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 15, 2021
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The Director found that the Petitioner did not establish he is an individual of exceptional ability. The Petitioner does not assert that he qualifies for second-preference employment as a member of the professions holding an advanced degree. If the Petitioner does not establish eligibility as an individual of exceptional ability, we need not determine wheth…
SEP152021_03D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 15, 2021
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The Applicant, a native and citizen of El Salvador, most recently entered the United States without inspection, admission, or parole in 2006. In 2019, the Applicant filed the T application before us on appeal. The Director denied the T application concluding that the record did not establish that the Applicant was physically present in the United States on…
SEP152021_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 15, 2021
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The Director found that the Petitioner qualifies as an individual of exceptional ability. Although the Director found substantial merit in the proposed endeavor in the field of athletic training, the Director concluded that the record does not establish that the Petitioner's endeavor has national importance. The Director also concluded the record did not sa…
SEP152021_08B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 15, 2021
—
The record indicates that the Petitioner qualifies as a member of the professions holding an advanced degree. 4 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. The Petitioner describes his proposed endeavor as fo…
SEP152021_09B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 15, 2021
—
The Director found that the Petitioner qualifies as a member of the professions holding an advanced degree. 4 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. The Director denied the petition, in part, concluding…
SEP152021_10B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 15, 2021
—
Although not addressed in the Director's decision, the record demonstrates that the Petitioner qualifies as a member of the professions holding an advanced degree or its equivalent. 4 The sole 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 nati…
SEP152021_11B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 15, 2021
—
We concluded on appeal that the documentation in the record does not establish the national importance of the Petitioner's proposed endeavor, as required by the first Dhanasar prong. We will address the merits of the motion to reopen and the motion to reconsider separately. First, our decision summarized the proposed endeavor as follows: [T]he Petitioner st…
SEP152021_12B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 15, 2021
—
We concluded on appeal that the documentation in the record does not establish the national importance of the Petitioner's proposed endeavor, as required by the first Dhanasar prong. We will address the merits of the motion to reopen and the motion to reconsider separately. First, our decision summarized the proposed endeavor as follows: The Petitioner indi…
SEP152021_13B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 15, 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 of a labor certification, would be in the national interest. Specifically, the Director concluded that the propose…
SEP152021_14B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 15, 2021
—
The Director found that the Petitioner qualifies as a member of the professions holding an advanced degree. Although the Director found substantial merit in the proposed endeavor in the field of business management consultation, the Director concluded that the record does not establish that the Beneficiary's endeavor has national importance. The Director al…
SEP142021_01A6245
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 14, 2021
—
The Applicant, a native and citizen of Honduras, received U-1 nonimmigrant status from October 1, 2015, until September 30, 2019, and he timely filed his U adjustment application on September 6, 2019. The issues before us are whether the Applicant has established that he has been physically present in the United States for a continuous period of at least th…
SEP142021_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 14, 2021
—
In our decision, we determined that the Petitioner satisfied one of the initial evidentiary criterion related to scholarly articles under 8 C.F.R. § 204.5(h)(3), of which she must meet three, and accordingly dismissed her appeal. On motion, the Petitioner reasserts her eligibility for the classification sought and presents new documentation related to the e…
SEP142021_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 14, 2021
—
In this case, the Petitioner entered the United States in 2017 using a K-1 visa as the fiance of a U.S. citizen, N-B-.1 In his initial statement submitted with his VA WA petition, he described that after the couple married, N-B- "ignored [the Petitioner] and many times [she] insulted [him] in front of everyone in her family and [his] uncle." He claimed he w…
SEP142021_01C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 14, 2021
—
A. Relevant Facts and Procedural History Inl 12018, when the Petitioner, a native and citizen of El Salvador, was 17 years old, the District Court of thel !Judicial District i~ I Texas (District Court) issued an order entitled Amended Order in Suit Affecting Parent-Child Relationship (SIJ order). The SIJ order states, in pertinent part, that the Petitioner'…
SEP142021_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 14, 2021
—
The Petitioner filed the instant U petition in May 2016. With the retition, the Petitioner submitted a Supplement B certified by E-L-P-, 1 an officer with the I Alabama Police Department. The Director, in a request for evidence (RFE) , informed the Petitioner that the person who signed the Supplement B is not recognized as a certifying official. In response…