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SEP022021_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 02, 2021
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The Petitioner, a citizen of Mexico, filed his U petition in March 2015 with a Supplement B certified by the I INorth Carolina, Police Depaiiment indicating that he was the victim of criminal activity identified as "Other: robbery/I stdegB&E/ Assault" and listing the statutozy citations for the criminal activity being investigated or prosecuted as North Car…
SEP022021_01E5342
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 02, 2021
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The issue on motion is whether the Appellant has established that our prior decision (which affirmed the Director's determination that his Certificate was illegally or fraudulently obtained, and that cancellation of the Certificate was justified) was erroneous based on evidence of new facts, or an incorrect application of law or policy. We conclude, upon re…
SEP022021_01G1103
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 02, 2021
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The Phoenix, Arizona 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 no…
SEP022021_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 02, 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). The issue before us is whether the Petitioner has submitted new facts to warrant reopening or established that our decision to dismiss the previous motion was based on an incorrect application oflaw or users policy.
A.…
SEP022021_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 02, 2021
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The Director concluded 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 Dir…
SEP022021_02D12101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 02, 2021
—
The Applicant, a native and citizen of Mexico, asserts that P-M-R-, 2 her boyfriend at the time, promised her a better life in the United States, where she could work in a restaurant and support herself. She accepted his offer and he brought her, and another woman, to his sister's home in New York in February 200. About a week later, P-M-R- told her that sh…
SEP022021_02G1103
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 02, 2021
—
The Phoenix, Arizona 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 no…
SEP022021_03B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 02, 2021
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The Petitioner is a director of photography whose credits include...._ ____________ __. films produced and released domestically and internationally. The Petitioner indicates his intent to continue working as a director of photography for several upcomin~ I projects. Because the Petitioner has not indicated or established that he has received a major, inter…
SEP022021_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 02, 2021
—
The Director concluded 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 A. Substantial Merit and National Importance of the P…
SEP022021_03G1103
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 02, 2021
—
The Phoenix, Arizona 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 no…
SEP012021_01B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 01, 2021
—
As noted earlier, the focus of the first prong analysis is on the endeavor itself. Here, the Petitioner states that his endeavor will incorporate his experience as an IT systems manager and will focus on the Petitioner's "expertise and knowledge in the field of computer and IT systems" in the United States. The Petitioner stated that he has experienced "not…
SEP012021_01B6203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 01, 2021
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The instant petition for skilled worker classification was filed on February 1, 2016, accompanied by a labor certification that was filed with the DOL on September 4, 2014, and certified in January 2016. The labor certification required two years of experience as a cook (as well as a high school education) to qualify for the job offered, and claimed that th…
SEP012021_01B9204
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 01, 2021
—
The Petitioner, a native and citizen of Mexico, filed the instant VA WA petition in December 2017 based on her marriage to E-C-, 1 a U.S. citizen. The Director denied the petition, determining that the Petitioner had not established that she had a qualifying relationship with E-C-, as required. The Director explained that although the Petitioner attested in…
SEP012021_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 01, 2021
—
As stated, the Petitioner seeks classification as a special immigrant juvenile (SIJ) under sections 10l(a)(27)(J) and 204(a)(l)(G) of the Immigration and Nationality Act (the Act), 8 U.S.C. §§ 110l(a)(27)(J) and 1154(a)(l)(G). The Director of the National Benefits Center (Director) denied the petition, concluding that the court did not make a juvenile depen…
SEP012021_01G1103
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 01, 2021
—
The San Antonio, Texas 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…
SEP012021_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 01, 2021
—
The record reflects that inl I 2020 the Applicant was expeditiously removed from the United States to Pakistan pursuant to section 235(b)(l) of the Act, 8 U.S.C. § 1225(b)(l).1 Consequently, he is inadmissible to the United States under section 212(a)(9)(A)(i) of the Act. The Applicant does not contest inadmissibility; the only issue on appeal is whether he…
SEP012021_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 01, 2021
—
The issues on appeal are: 1) whether the Applicant has overcome the finding that he is inadmissible under section 212(a)(6)(C)(i) of the Act, for fraud or willful misrepresentation of a material fact, and if not, 2) whether he sufficiently established that his qualifying relative U.S. citizen spouse would experience extreme hardship if he is denied admissio…
SEP012021_02B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 01, 2021
—
A. Eligibility for the Requested Classification As stated above, the first step to establishing eligibility for a national interest waiver is demonstrating qualification for the underlying EB-2 visa classification. The Director concluded in his denial that the Petitioner qualifies for the requested classification as a member of the professions holding an ad…
SEP012021_02B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 01, 2021
—
The record reflects that the Petitioner, a native and citizen of Guyana , married B-S-, 1 an LPR , in I I 2019. He filed the instant VA WA petition in April 2019 based on this marriage. The Director denied the petition, determining, in pertinent part, that the Petitioner had not established that he resided with B-S-. The Director explained that although the…
SEP012021_02C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 01, 2021
—
As stated, the Petitioner seeks classification as a special immigrant juvenile (SIJ) under sections 10l(a)(27)(J) and 204(a)(l)(G) of the Immigration and Nationality Act (the Act), 8 U.S.C. §§ 110l(a)(27)(J) and 1154(a)(l)(G). The Director of the National Benefits Center (Director) denied the petition, concluding that the court did not make a juvenile depen…
SEP012021_02G1103
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 01, 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…
SEP012021_02H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 01, 2021
—
The issues on appeal are: 1) whether the record supports the finding that the Applicant is inadmissible under section 212(a)(6)(C)(i) of the Act, for fraud or willful misrepresentation of a material fact, and if so, 2) whether the Applicant sufficiently established that his U.S. citizen spouse would experience extreme hardship if he is denied admission into…
SEP012021_03A3013
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 01, 2021
—
"Our first step in interpreting a statute is to determine whether the language at issue has a plain and unambiguous meaning with regard to the particular dispute in the case." Robinson v. Shell Oil Co., 519 U.S. 337, 340 (1997). We are required to apply the plain statutory language avoiding the creation of ambiguity where none exists. See K Mart Corp. v. Ca…
SEP012021_03B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 01, 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 individual of exceptional ability. A. Member of the Professions Holding an Advanced Degree In order to show an individual is a professional hold…
SEP012021_03B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Sep 01, 2021
—
The record reflects that the Petitioner, a native and citizen of Nigeria, married A-S-, 1 a U .S. citizen, in I I 2015. In March 2018, he filed the instant VAWA petition based on this marriage. The Director denied the petition, determining, in pertinent part, that the Petitioner had not established that he married A-S- in good faith and that they resided to…