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JUN292021_01D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 29, 2021
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The Director's decision described the Applicant's claim that he was the victim of a severe form of trafficking in persons which we adopt and incorporate here. Briefly, the Applicant describes paying an individual, Ma-, 1 in India in order to come to the United States using a J-1 visa. The Applicant contends that after arriving in the United States in 2009,…
JUN292021_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 29, 2021
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A. Factual and Procedural History The Petitioner, a native and citizen of El Salvador, filed her U petition with a Supplement B signed by a Commander/Investigator ( crtif]ing official) at the I I Illinois Police Department ( certifying agency), based on a 2007 incident in which an individual entered her vehicle while she was inside and stole her purse. In r…
JUN292021_01E1316
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 29, 2021
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As a preliminary matter, we will address whether the Applicant was eligible to file the N-470. Upon de novo review, the appeal must be dismissed as the Applicant was not eligible to file the N-470 and seek the benefit sought. The N-470 is reserved for lawful permanent residents who must leave the United States for a period of one year or longer for certain…
JUN292021_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 29, 2021
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In this matter, the Petitioner's initial "Professional Plan & Statement" stated that his proposed endeavor "is to work as a Financial Analyst, to advise U.S. companies on how to grow successfully, meet their goals, and remain profitable." In response to the Director's request for evidence, he added that he will "specifically focus[] on financial analysis an…
JUN282021_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 28, 2021
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The Applicant, a native and citizen of Guatemala , was granted U nonimmigrant classification in October 2015 for a period ending in September 2019. In October 2016, he timely filed the instant U adjustment application. The Director denied the application, finding there was insufficient evidence in the record that the Applicant continued to assist law enforc…
JUN282021_01B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 28, 2021
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The record demonstrates that the Petitioner qualifies as a member of the professions holding an advanced degree. 3 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 underwent postdoctoral training a~…
JUN282021_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 28, 2021
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To be eligible for classification as a skilled worker a beneficiary must have at least two years of training or experience. See 8 C.F.R. § 204.5(1)(3)(ii)(B). Relevant post-secondary education may be considered as training for the purpose of qualifying for skilled worker classification. See 8 C.F.R. § 204.5(1)(2). A beneficiary must also meet the specific e…
JUN252021_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 25, 2021
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The Petitioner indicates self-employment itj I fashion design from 1997 until at the date of filing the instant petition in June 2018.1 Because the Petitioner has not indicated or established that she has received a major, internationally recognized award, she must satisfy at least three of the alternate regulatory criteria at 8 C.F.R. § 204.5(h)(3)(i)-(x).…
JUN252021_01C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 25, 2021
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A. Relevant Facts and Procedural History In I 1 I 2017, when the Petitioner was 20 years old, a Probate and Family Court in the-I --- Division of Massachusetts issued an order entitled DECREE OF SPECIAL FINDINGS OF FACTS &
RULINGS OF LAW (SIJ order), declaring that the court made its findings "[a]fter a hearing ... and based on the supporting affidavits, a…
JUN252021_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 25, 2021
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The Petitioner is a ostdoctoral scholar in the field of biochemist he studies.__ _________________________ __,. _ __. He received his bachelor of science jj biotechnology and his master of science in.__ __ ___,biotechnology from the University orl.__ _ __,_ Iran in 2008 and 2010, respective![' and his doctor of philosophy in! I I I developmental biology fro…
JUN252021_02C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 25, 2021
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A. Relevant Facts and Procedural History In02018, when the Petitioner was 18 years old, thel I District Court for the ..... l _ _. Judicial District in Texas (district court) issued an order titled, ORDER IN SUIT AFFECTING THE
PARENT-CHILD RELATIONSHIP (SU order), determining among other findings necessary for SU eligibility under section 10l(a)(27)(J) of…
JUN252021_03B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 25, 2021
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The Petitioner indicates self-employment in athletic, theatrical and other fashion design from 1997 until at the date of filing the instant petition in June 2018.1 Because the Petitioner has not indicated or established that she has received a major, internationally recognized award, she must satisfy at least three of the alternate regulatory criteria at 8…
JUN252021_03C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 25, 2021
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A. Relevant Facts and Procedural History ~ 2019, when the Petitioner was 18 years old, the I !Judicial District Court in I I c=Jrexas (district court), issued an order entitled, Order in Suit Affecting Parent Child Relationship (SIJ order), declaring that the court made its findings having "heard the case." The SIJ order states, in pertinent part, that the…
JUN242021_01A6245
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 24, 2021
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The Applicant, a citizen of Guatemala, was granted U nonimmigrant status from October 1, 2014 until September 30, 2018. The Applicant filed the instant U adjustment application in October 1, 2018. The Applicant bears the burden of establishing that he merits a favorable exercise of discretion on humanitarian grounds, to ensure family unity, or as otherwise…
JUN242021_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 24, 2021
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We dismiss the motions for the reasons set forth below. 3 A. Motion to Reconsider In the instant motion to reconsider, the Petitioner does not indicate or provide evidence demonstrating how our prior decision was based upon an incorrect application of law or policy. She therefore has not established that she meets the requirements of a motion to reconsider…
JUN242021_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 24, 2021
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The instant petition was filed in May 2020, accompanied by a labor certification that was filed with the DOL on June 11, 2019. Thus, the priority date of the petition is June 11, 2019, and the Petitioner must establish its continuing ability to pay the proffered wage from that date onward. The labor certification states that the proffered wage for the posit…
JUN242021_01D12101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 24, 2021
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The Applicant, a 56-year-old native and citizen of Mexico, last entered the United States without being inspected, admitted, or paroled in August 2003.2 In January 2018, she filed the instant T application claiming her former spouse subjected her to trafficking in the United States. Contrary to the decision of the Director, the Applicant has submitted suffi…
JUN242021_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 24, 2021
—
The Applicant, a citizen of Mexico, was granted U-2 status in June 2013. The Applicant timely filed the instant U adjustment application in June 2017. The Director denied the application, determining that the Applicant had not demonstrated that his adjustment of status to that of an LPR was justified on humanitarian grounds, to ensure family unity, or was o…
JUN242021_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 24, 2021
—
The record establishes that, in 1978, the Applicant was convicted of robbery and sentenced to three years in prison. 1 On appeal, the Applicant asserts that he is not inadmissible because his conviction is not a crime involving moral turpitude.2 Here, the record supports the finding that the Applicant's robbery conviction is a crime involving moral turpitud…
JUN242021_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 24, 2021
—
The record establishes that, in 1978, the Applicant was convicted of robbery and sentenced to three years in prison. 1 On appeal, the Applicant asserts that he is not inadmissible because his conviction is not a crime involving moral turpitude.2 Here, the record supports the finding that the Applicant's robbery conviction is a crime involving moral turpitud…
JUN242021_02A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 24, 2021
—
The Applicant, a citizen of El Salvador, was approved for U-1 nonimmigrant status from October 1, 2014 until September 30, 2018. On September 21, 2018, she filed the instant U adjustment application. In October 2019, the Director issued a request for evidence (RFE) seeking additional documentation regarding the judgement and conviction status for each of th…
JUN242021_02B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 24, 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. A. Member of the Professions Holding an Advanced Degree Although the Director's decision did not specifically…
JUN242021_02D14101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 24, 2021
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A. Procedural and Factual History The Petitioner, a citizen of Mexico, filed her U petition in April 2015 as a victim of rape based on incidents that occurred in I I 2000. With her U petition, the Petitioner submitted a Supplement B signed in September 2014 by a sergeant (certifying official) in the I I California Police Department (certifying agency). In r…
JUN242021_02E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 24, 2021
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There is no dispute that the Applicant's father was a U.S. citizen; the record includes the father's delayed birth certificate which reflects that he was born in Arizona in February 1927. The only issue on appeal is whether the Applicant has demonstrated that his father was physically present in the United States for a total of 10 years prior to D 1960, and…
JUN242021_02H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 24, 2021
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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 he is, 2) whether the Applicant sufficiently established that his U.S. citizen spouse and/or lawful permanent resident father would experience extr…