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JUL212021_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 21, 2021
—
The issues on motion are whether the Applicant has demonstrated that: 1) our prior decision was erroneous based on an incorrect application of law or agency policy; or 2) he meets requirements to derive U.S. citizenship through his father based on new evidence (specifically, that new evidence sufficiently establishes his father resided in the United States…
JUL212021_02A7245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 21, 2021
—
The Applicant, a native and citizen of Mexico, was granted T nonimmigrant status from May 7, 2015, to May 6, 2019 . He filed the instant T adjustment application on June 5, 2019 . The Director denied the application, concluding that the Applicant did not continue to hold T nonimmigrant status at the time he filed his T adjustment application and, accordingl…
JUL212021_02H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 21, 2021
—
In this case, the Applicant does not contest that she is inadmissible under section 212(a)(6)(C)(i) of the Act. The issue on appeal is whether she sufficiently demonstrated that her U.S. citizen spouse will experience extreme hardship if she is denied admission into the country. If this is shown, she must also establish that a favorable exercise of discreti…
JUL202021_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 20, 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. The Petitioner proposes to "ad vane [ e] pub lie hea…
JUL202021_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 20, 2021
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As noted in the Chief's decision, before filing the instant petition, the Petitioner filed another petition in 2011 (2011 petition), in which he claimed to have invested at least $1,000,000 in the NCE. 5 The Chief denied the 2011 petition, and we dismissed the appeal on May 7, 2013. In the 2013 decision, we concluded that the Petitioner: (1) did not establi…
JUL202021_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 20, 2021
—
The record reflects that the Petitioner, a native and citizen of Niger, married H-P-, 1 a U.S. citizen, in I 12011, and that H-P- moved in with her family to attend school in Maryland in September 2013. He filed the instant VA WA petition in December 2016. The Director denied the petition, determining, as relevant here, that the Petitioner had not establish…
JUL202021_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 20, 2021
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A. Relevant Facts and Procedural History The Petitioner filed his U rtition in January 2015 with a SupP.lement B signed and certified in August 2015 by a sergeant in the I Police Department inl I Iowa ( certifying official). The certifying official checked the box indicating that the Petitioner was the victim of a criminal activity involving or similar to "…
JUL202021_02D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 20, 2021
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A. Relevant Facts and Procedural History The Petitioner filed his U petition in July 2015, asserting that he was the victim of qualifying criminal activity pursuant to 8 C.F.R. § 214.14(a)(14)(i), based on his minor son having been the victim of a battery on school grounds when he was 15 years old. The Petitioner submitted a Supplement B signed and certifie…
JUL202021_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 20, 2021
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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. Although the Petitioner initially claimed to qualify for the underlying EB-2 classification as both a member…
JUL202021_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 20, 2021
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A. Exceptional Ability
The Petitioner maintains 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 official academic record criterion at 8 C.F.R. § 204.5(k)(3)(ii)(A).4 In the appeal brief: the Petitioner c…
JUL202021_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 20, 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…
JUL192021_01B3203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 19, 2021
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The Beneficiary received his Master of Philosophy degree in Public Policy and Management (2013), Master of Science degree in Machine Leaming (2015), and Ph.D. in Information Systems and Management (2016) froml O I University. The Beneficiary is currently employed as an Assistant Professor of Economics in the Petitioner's Department of Information Technology…
JUL192021_01D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 19, 2021
—
The Applicant, a native and citizen of Mexico, claims to have entered the United States without being inspected, admitted, or paroled, first in November 1998 and then again in January 2005 after departing for three months. In August 2017, the Applicant filed the instant T application, asserting that she was the victim of sex trafficking by her father and fo…
JUL192021_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 19, 2021
—
The record reflects that the Applicant resides in Albania. In 2014, he was convicted of domestic violence. The Applicant was found to be inadmissible under section 212(a)(2)(A)(i) of the Act for being convicted of a crime involving moral turpitude and he does not dispute that finding on appeal. The issues on appeal are whether the Applicant's conviction was…
JUL192021_01H7212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 19, 2021
—
The issue before us is whether the Applicant is eligible for a waiver under section 212( d)( 11) of the Act for smuggling. A U.S. Department of State (DOS) consular officer found the Applicant inadmissible under section 212(a)(6)(E) of the Act for knowingly assisting a foreign national in trying to enter the United States in violation of law. Specifically,…
JUL192021_02C5101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 19, 2021
—
The Director found that the Petitioner met the minimum requirements of residence and physical presence in the United States in nonimmigrant status at the time the Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, petition was filed. However, the Director denied the petition on the grounds that the record did not show that the Petitioner w…
JUL162021_01D8101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 16, 2021
—
The evidence indicates that since at least 2015, the Beneficiary has appeared and been featured in fashion magazines, online advertising campaigns, and in fashion show presentations for several fashion brands, and has been represented by model management companies including her "mother agency"I I in! I The Petitioner describes her as a distinguished interna…
JUL162021_01D9101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 16, 2021
—
As an initial matter, we note that the Petitioner filed the Form I-290B, Notice of Appeal or Motion, indicating that "I am filing an appeal to the AAO," and that it would be providing a brief and/or additional evidence within 30 days. (Emphasis in original). See 8 C.F.R. § 103.3(a). In its subsequent brief: it contested the Director's decision as a motion t…
JUL162021_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 16, 2021
—
The Applicant was found inadmissible for conviction of a crime involving moral turpitude due to his convictions for commission of actual bodily injury and forgery of a private document, and he seeks a waiver of this inadmissibility. The issue on appeal is whether the Applicant has demonstrated his U.S. citizen spouse would experience extreme hardship upon h…
JUL162021_01H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 16, 2021
—
The issue on appeal is whether the Applicant has established that he merits a favorable exercise of discretion. The Applicant contends that the Director failed to consider all of the positive factors in his case. Specifically, he claims the Director did not consider his family ties, long residence, employment history, community and charitable involvement, E…
JUL162021_01H6212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 16, 2021
—
The issue on appeal is whether the Applicant has established that he merits a favorable exercise of discretion. The Applicant contends that the Director failed to consider all of the positive factors in his case. Specifically, he claims the Director did not consider his family ties, long residence, employment history, community and charitable involvement, E…
JUL162021_03H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 16, 2021
—
The Applicant was found inadmissible for fraud or misrepresentation for falsely claiming to be a national of Liberia to obtain employment authorization, and she seeks a waiver of this inadmissibility. The issue on appeal is whether the Applicant has demonstrated her U.S. citizen spouse would suffer extreme hardship upon denial of the waiver. The Applicant m…
JUL152021_01A1245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 15, 2021
—
The issues before us on certification are: 1) whether the Applicant, through the filing of an asylum application, maintained a lawful status after the expiration of his nonimmigrant visitor status for the purposes of sections 245( c )(2) and 245( c )(7) of the Act, and 2) whether his asylum request, which was pending when he applied for adjustment of status…
JUL152021_01B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 15, 2021
—
The Petitioner writes fiction and non-fiction under a variant of his legal name.1 In addition to nonfiction essays b)og posts and short stories the Petitioner bis written two novels, one of~which,lwith the title I _ resulted in his prosecution i under public decency laws. His conviction and imprisonment in 2015 drew si nificant international attention. The…
JUL152021_01B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jul 15, 2021
—
The Petitioner was previously employed as a flight simulator maintenance technician in his home country and is cun-ently employed in the United States in the position of "simulator lead engineer." Although the Petitioner initially claimed eligibility for the EB-2 classification claims to be eligible as an individual of exceptional ability, he altered that c…