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AUG112021_01D14101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 11, 2021
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The Director determined that the Petitioner, a Maryland resident, was a former lawful permanent resident who was removed and is inadmissible for a 2003 first-degree assault conviction in Maryland and then made additional inadmissibility findings based on that conviction and removal. In denying the U petition, the Director concluded that the Petitioner was i…
AUG112021_01F1101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 11, 2021
—
The Petitioner filed an orphan petition on behalf of the Beneficiary, a citizen of Ukraine, when the Beneficiary was 16 years old. The Director denied the orphan petition, finding the orphan petition was untimely filed after the Beneficiary had turned 16 years old. On appeal, the Petitioner acknowledges the orphan petition was not timely filed but asserts t…
AUG112021_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 11, 2021
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The issue on appeal is whether the Applicant is inadmissible for a controlled substance offense and, if so, whether he is eligible for a waiver of this inadmissibility. The Director stated that the Applicant is inadmissible under section 212(a)(2)(A)(i)(II) of the Act because he has been convicted of violating a law or regulation relating to a controlled su…
AUG112021_01H4212
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 11, 2021
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The record indicates that the Applicant will become inadmissible upon departing the United States pursuant to section 212(a)(9)(A)(ii) of the Act for having been previously ordered removed. The issue raised on appeal is whether the Applicant should be granted conditional approval of his application for permission to reapply for admission in the exercise of…
AUG112021_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 11, 2021
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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 dentistry, the Director concluded that the record does not establish that the Beneficiary's endeavor has national importance. The Director also stated that "the [P]…
AUG112021_02C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 11, 2021
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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…
AUG112021_02D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 11, 2021
—
In denying the U petition, the Director determined that based on evidence in the record the Petitioner was inadmissible under section 212( a )(2 )(A )(i)(II) of the Act for a controlled substance violation. The Director noted specifically that in 1997 the Petitioner was found guilty under California Health and Safety Code section 11350(A), possession of des…
AUG112021_02F1101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 11, 2021
—
The Petitioner filed an orphan petition on behalf of the Beneficiary, a citizen of Ukraine, when the Beneficiary was 16 years old. The Director denied the orphan petition, finding the orphan petition was untimely filed after the Beneficiary had turned 16 years old. On appeal, the Petitioner acknowledges the orphan petition was not timely filed but asserts t…
AUG112021_02H6212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 11, 2021
—
The issues on appeal are whether the Applicant is inadmissible under section 212(a)(9)(C)(i)(I) of the Act and therefore whether she is eligible for a waiver under section 212(a)(9)(B)(v) of the Act. In addition to being found inadmissible for unlawful presence under section 212(a)(9)(B)(i)(II) of the Act, the Applicant was also found by a Department of Sta…
AUG112021_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 11, 2021
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A. Exceptional Ability
The Petitioner asserted that he meets at least three of the regulatory criteria for classification as an individual of exceptional ability. In denying the petition, the Director determined that the Petitioner fulfilled only the license to practice the profession criterion at 8 C.F.R. § 204.5(k)(3)(ii)(C). In the appeal brief: the Peti…
AUG112021_03D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 11, 2021
—
The record reflects that the Petitioner, a native and citizen of Mexico, made multiple entries without inspection into the United States from the early 1990s through 2012, and that he had several a1Tests between 1997 and 2000. With the petition and in response to the Director's request for evidence
(RFE), the Petitioner submitted briefs, personal declarati…
AUG112021_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 11, 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…
AUG112021_04D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 11, 2021
—
The Petitioner, a citizen of Mexico, filed her U petition in June 2015 relating to events that occurred in 2014. With the petition and in response to the Director's request for evidence, the Petitioner submitted a Supplement B; a sheriff's office case repmi summary; comi documents; a victim assistance follow up form; personal statements; a statement from a…
AUG112021_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 11, 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 dentistry, the Director concluded that the record does not establish that the Beneficiary's endeavor has national importance. The Director also concluded the record…
AUG112021_05D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 11, 2021
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A. Relevant Facts and Procedural History The Petitioner, a citizen of Mexico, filed her U petition in October 2015 for events that occun-ed in 2007. With the petition she submitted a Supplement B signed in April 2015 by a certifying official of thd I Pennsylvania, Police Department, who checked the box indicating that the Petitioner was the victim of crimin…
AUG112021_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 11, 2021
—
The Director found that the Petitioner did not establish she is an individual of exceptional ability. The Petitioner does not assert that she 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 whe…
AUG112021_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 11, 2021
—
The Director concluded that the Petitioner qualifies as a member of the professions holding an advanced degree or its equivalent. 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. 5 A. Substantial Merit and Natio…
AUG112021_08B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 11, 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. For the reasons discussed below, the Petitioner has no…
AUG102021_01D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 10, 2021
—
The Applicant, a citizen of Mexico, last entered the United States without admission, inspection, or parole in August 2009, when he was approximately 25 years old. He filed this T application in November 2017 based on his claim that the individuals who smuggled him into the United States subjected him to trafficking.
A. The Applicant's Trafficking Claim
Th…
AUG102021_02A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 10, 2021
—
The Applicant, a 44-year old native and citizen of Guatemala, entered the United States without inspection, admission, or parole in 2007. In October 2013, users granted the Applicant U-1 status based on his victimization and assistance to law enforcement. The Applicant filed the instant U adjustment application in October 2017. The Director denied the U adj…
AUG102021_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 10, 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…
AUG102021_02D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 10, 2021
—
The record reflects that the Petitioner, a citizen of Mexico, first entered the United States without inspection, admission, or parole on an unknown date prior to 1993, the date of his first arrest in the United States. Evidence in the record indicates that the Petitioner has entered or attempted to enter the United States without inspection at least 22 tim…
AUG102021_02H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 10, 2021
—
The Director found the Applicant, a citizen of Colombia, inadmissible under section 212(a)(6)(C)(i) of the Act for willful misrepresentation of a material fact and under section 212( a)(9)(B)(i)(II) of the Act for seeking admission within 10 years of departing the United States after accruing over one year of unlawful presence. The Applicant does not contes…
AUG102021_02H6212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 10, 2021
—
The Director found the Applicant, a citizen of Colombia, inadmissible under section 212(a)(6)(C)(i) of the Act for willful misrepresentation of a material fact and under section 212( a)(9)(B)(i)(II) of the Act for seeking admission within 10 years of departing the United States after accruing over one year of unlawful presence. The Applicant does not contes…
AUG102021_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 10, 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 For the reasons discussed below, we agree with the Dir…