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AUG022021_02A7245
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 02, 2021
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The record reflects that the Applicant, a native and citizen of the Philippines, was granted T-1 nonimmigrant status on April 7, 2014. On May 6, 2014, he filed an adjustment application, seeking to become an LPR under section 245(a) of the Act as an immediate relative of his U.S . citizen spouse. On June 8, 2017, the Applicant, through counsel, requested to…
AUG022021_02D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Aug 02, 2021
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A. Relevant Facts and Procedural History In June 2015, the Petitioner filed his U petition with a Supplement B signed and certified by an investigator in thd !Police Departmentinl !Illinois (certifying official). The ce1iifying official checked the box indicating that in September 2013, the Petitioner was the victim of criminal activity involving or similar…
JUL312021_01D8101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 31, 2021
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The issue before us is whether the Petitioner has established that our decision to dismiss his appeal was based on an incorrect application of law or USCIS policy. The Petitioner must specify the factual and legal issues raised on appeal that were decided in error or overlooked in our initial decision.
A. AAO Decision
In denying the petition, the Director…
JUL302021_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 30, 2021
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The issue before us is whether the Petitioner has established that our decision to dismiss her appeal was based on an incorrect application of law or USCIS policy. The Petitioner must specify the factual and legal issues raised on appeal that were decided in error or overlooked in our initial decision. At the outset, the Petitioner did not include the requi…
JUL302021_01D12101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 30, 2021
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The Applicant, a native and citizen of Mexico, last entered the United States in November 2005. She filed her T application in December 201 7.
A. The Applicant's Trafficking Claim
The Applicant indicated in her personal statement that she was initially smuggled into the United States with her family when she was 15 years old. She stated that she was forced…
JUL302021_01D6101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 30, 2021
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The Petitioner filed the instant fiance( e) petition in March 2019. 3 The Director issued a request for evidence (RFE), requesting, among other things, page 13 of the Form I-129F. In response, the Petitioner provided page 13, among other requested documents. The Director denied the petition, stating "[y ]our I-129F petition is missing page 13 and; therefore…
JUL302021_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 30, 2021
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The Petitioner is a researcher in the field of computational chemistry and was employed as a postdoctoral associate in the Department of Chemistry atc=]University at the time this petition was filed.
A. Evidentiary Criteria
Because the Petitioner has not claimed or established that he has received a major, internationally recognized award, he must satisfy…
JUL302021_02D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 30, 2021
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The Applicant, a citizen of Nicaragua, last entered the United States in March 2006. She filed her T application in March 201 7.
A. The Applicant's Trafficking Claim
In support of her T application, the Applicant submitted a statement in which she made the following claims: The Applicant, a native and citizen of Nicaragua, was a single mother of three chil…
JUL292021_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 29, 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. In the decision, the Director decided that the Petit…
JUL292021_01C1101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 29, 2021
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Based on the reasons we discuss below, we find that the Petitioner has not established, by a preponderance of the evidence, eligibility to classify the Beneficiary as an immigrant religious worker.
A. Compensation
The Petitioner has not demonstrated, at the time it filed the petition, its intention to compensate the Beneficiary at a level at which he and h…
JUL292021_01D12101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 29, 2021
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The Applicant, a 39-year-old native and citizen of Mexico, first entered the United States without being inspected, admitted, or paroled in 2001. lnl 12006, the Applicant was detained by U.S. immigration officials and placed into removal proceedings. She applied for asylum and withholding of removal, which were denied by the Immigration Judge. The applicant…
JUL292021_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 29, 2021
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A. Relevant Facts and Procedural History In March 2015, the Petitioner filed her U petition with a Su]plement B signed and certified by the chief of police of thel I Police Department inl Washington ( certifying official). The certifying official checked boxes indicating that the Petitioner was the victim of criminal activity involving or similar to "Ext01i…
JUL292021_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 29, 2021
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In this case, the Applicant does not contest that he is inadmissible under section 212(a)(6)(C)(i) of the Act. The issue on appeal is whether he has sufficiently demonstrated his U.S. citizen spouse will experience extreme hardship if he is denied admission into the country. If this is shown, he must also establish that a favorable exercise of discretion is…
JUL282021_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 28, 2021
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The record demonstrates that the Petitioner qualifies as a member of the professions holding an advanced degree; her occupation qualifies as a profession, and she holds a master's degree in nursing from the State University oft I The accompanying claim of exceptional ability is moot. The remaining issue to be determined is whether the Petitioner has establi…
JUL282021_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 28, 2021
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The Petitioner, a citizen of Nigeria, entered the United States as a nonimmigrant visitor in April 2013; married L-L-,2 a U.S. citizen, inl I 2013; and filed the current Form I-360 VAWA petition in March 2016. 3 The Director denied the petition, concluding that the Petitioner did not establish that he had a qualifying relationship with his U.S. citizen spou…
JUL282021_01D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 28, 2021
—
The Applicant, a native and citizen of Nepal, entered the United States in September 2018 as a B-2 nonimmigrant visitor. The Applicant filed her T application in January 2018. The Director denied the T application upon concluding that the Applicant was not physically present in the United States
on account of a severe form of trafficking in persons and had…
JUL282021_01D14101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 28, 2021
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The Petitioner, a citizen of Mexico, filed his U petition in August 2015 relating to events that occrnred inl 12014. With the petition and in response to the Director's request for evidence (RFE), the Petitioner submitted a Form I-918 Supplement B; an updated Supplement B; a police report; personal declarations; letters of support from family and friends; s…
JUL282021_01H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 28, 2021
—
The record reflects that the Applicant entered the United States in 1994 without inspection, returned to Mexico in 1999, and about three weeks later attempted to reenter the United States using documentation that did not belong to her. The Applicant subsequently reentered the United States without inspection. The Applicant manied her spouse in the United St…
JUL282021_01H6212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 28, 2021
—
The record reflects that the Applicant entered the United States in 1994 without inspection, returned to Mexico in 1999, and about three weeks later attempted to reenter the United States using documentation that did not belong to her. The Applicant subsequently reentered the United States without inspection. The Applicant manied her spouse in the United St…
JUL282021_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 28, 2021
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Because the denial of the petition centered on the Petitioner's eligibility for the national interest waiver, our decision will focus primarily on that issue. But, first, there is an additional threshold issue that bears discussion. A. Member of the Professions Holding an Advanced Degree The Director determined that the Petitioner is a member of the profess…
JUL282021_02D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 28, 2021
—
The Applicant, a 48-year-old native and citizen of Mexico, last entered the United States in 1995 without being inspected, admitted, or paroled. In September 2018, he filed his T application claiming his smugglers harbored him using force and coercion for labor to repay his debt to them. While the Director did not contest that the Applicant was a victim of…
JUL282021_02D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 28, 2021
—
The Petitioner, a citizen of Guatemala, filed her U petition in August 201 7 relating to events that occurred in 2011. With the petition and in response to the Director's request for evidence, the Petitioner submitted a Supplement B, a police incident repmi, personal affidavits, printouts related to the crime of robbery, letters of suppmi, and civil documen…
JUL282021_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 28, 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…
JUL282021_03D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 28, 2021
—
The Applicant, a 45-year-old native and citizen of Mexico, last entered the United States without being inspected, admitted, or paroled in 2003. In December 2017, the Applicant filed the instant T application claiming smugglers, through fraud and coercion, subjected her to involuntary servitude and commercial sex acts. After approving a motion to reconsider…
JUL282021_04D12101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 28, 2021
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The Applicant, a native and citizen of the Honduras, entered the United States in February 2005 without being inspected, admitted, or paroled. In September 2017, the Applicant filed the instant T application, asserting that she was the victim of trafficking by M-H-,1 an acquaintance of her uncle, who she maintained recruited, transported, and harbored her t…