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JUN212021_01E3343
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 21, 2021
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The Arplicant is seeking a replacement Certificate of Naturalization to reflect a change in her name from ' t' to 'l l" The issue on appeal is whether she has demonstrated that issuance of a replacement Certificate is justified due to USCIS clerical error, or because the name on her Certificate does not conform to the facts shown on her naturalization appli…
JUN212021_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 21, 2021
—
Again, the Applicant does not dispute the findings that he is inadmissible under sections 212(a)(9)(B)(i)(II), 212(a)(6)(C)(i), and 212(a)(2)(A)(i)(I) of the Act, and that his criminal conviction qualifies as a violent or dangerous crime under 8 C.F.R. § 212.7(d). He also does not contest the Director's conclusion that his U.S. citizen spouse would experien…
JUN212021_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 21, 2021
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Again, it is undisputed that the Applicant was ordered excluded and deported inC]l993, and that he departed the country in or around~ 1993. The issue on appeal is whether the Applicant has overcome the finding that he is subject to the ground of inadmissibility set forth at section 212(a)(9)(C)(i)(II) of the Act, for reentering the United States without bei…
JUN212021_01H6212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 21, 2021
—
Again, the Applicant does not dispute the findings that he is inadmissible under sections 212(a)(9)(B)(i)(II), 212(a)(6)(C)(i), and 212(a)(2)(A)(i)(I) of the Act, and that his criminal conviction qualifies as a violent or dangerous crime under 8 C.F.R. § 212.7(d). He also does not contest the Director's conclusion that his U.S. citizen spouse would experien…
JUN212021_02D14101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 21, 2021
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The record shows that ine::J2003, the Petitioner's coworker, D-R-, 1 was cleaning! lat.__ ___________ ___. and his place of employment. D-R- was involved in al I workplace incident and passed away from his injuries. The Petitioner was D-R-'s supervisor and working atl I at the time of D-R-'s death. The Petitioner filed the instant U petition in February 201…
JUN212021_02H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 21, 2021
—
Again, the Applicant does not dispute the findings that he is inadmissible under sections 212(a)(9)(B)(i)(II), 212(a)(6)(C)(i), and 212(a)(2)(A)(i)(I) of the Act, and that his criminal conviction qualifies as a violent or dangerous crime under 8 C.F.R. § 212.7(d). He also does not contest the Director's conclusion that his U.S. citizen spouse would experien…
JUN212021_03B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 21, 2021
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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, as either an advanced degree professional or an individual of exceptional ability. The Director concluded that the Petitioner qualified for the…
JUN202021_01C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 20, 2021
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IJ I 2017, when the Petitioner, a national and citizen of El Salvador, was 1 7 years of age, the New York Family Court forl !(Family Court) appointed guardianship of the Petitioner to his uncle, G-F-, 1 concluding that such "appointment shall last until the [Petitioner]'s 21st birthday." On the same day, the Family Court also issued an ORDER-Special Immigra…
JUN192021_01D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 19, 2021
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In her personal statement before the Director, the Applicant explained that in 2010, her estranged father contacted her and revealed that he was in trouble. He asked the Applicant and her brother to take him in and hide him. When her brother went to get their father, both were killed. The Applicant explained that she met R- 1 the following year, in 2011, wh…
JUN172021_01A6245
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 17, 2021
—
On appeal, the Applicant submits additional evidence which she arGes establishes her eligibility, most relevantly: an updated medical examination completed I 2020 and a document titled "Initial Psychological Evaluation & Treatment Recommendations." These documents describe the Applicant's past abuse and the impact on "her ability to make positive decisions.…
JUN172021_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 17, 2021
—
The Petitioner indicates he invested $500,000 in the NCE. 3 According to the business plan, the NCE seeks to raise up to $16,500,000 in EB-5 fonds from 33 foreign national investors to loan tol I lthe JCE. The JCI plans ti use the EB-5 capital and other fonds to finance the devel~op_m_e-nt_. of a residential complex in Georgia. For the reasons discussed bel…
JUN172021_01C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 17, 2021
—
A. Relevant Facts and Procedural History Inl 12016, when the Petitioner, a native and citizen of India, was 20 years old, the New York Family Court forl ICFamily Court) issued an SIJ status order (initial SIJ order) finding, as relevant here, that the Petitioner was "within the jurisdiction of and dependent on the Family Court finding that due to the death…
JUN172021_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 17, 2021
—
The Director determined the U petition was not approvable because the Petitioner could only be granted one nonimmigrant or immigrant status at a time. On appeal, the Petitioner contends the Director erred in denying the U petition because she was not in lawful nonimmigrant status. Specifically, though the Petitioner acknowledges her previous request for U c…
JUN172021_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 17, 2021
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The Applicant meets several of the requirements for derivative citizenship under section 320(a) of the Act. She qualifies as her father's "child" for derivative citizenship purposes, in that her birth certificate reflects her father acknowledged paternity before the Cuban Ministry of Justice when she was born; and under the Family Code of Cuba ( effective p…
JUN172021_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 17, 2021
—
The Applicant does not contest that he is inadmissible under section 212(a)(6)(C)(i) of the Act, a finding supported by the record. 2 The issue on appeal is whether the Applicant sufficiently established that his qualifying relative father would experience extreme hardship if he is denied admission into the country. 3 We conclude, upon review of the totalit…
JUN172021_02A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 17, 2021
—
In our previous decision, incorporated here by reference, we determined that the Applicant had not overcome the basis for the Director's denial. We acknowledged several positive and mitigating factors in his case, including his close family ties in the United States, including his siblings, one of whom is an LPR, and his LPR mother, to whom USICS granted U-…
JUN172021_03A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 17, 2021
—
The Applicant, a 37-year-old native and citizen of Guatemala, entered the United States without inspection, admission, or parole in 2000. The record reflects that in 2007 the Applicant was a victim of a shooting during which he witnessed his brother's murder. In August 2012, the Applicant filed a Form I-918, Petition for U Nonimmigrant Status (U petition),…
JUN162021_01B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 16, 2021
—
The record reflects that the Petitioner works as a television host in Venezuela and intends to work in a similar capacity in the United States. As the Petitioner has not established that he has received a major, internationally recognized award, he must demonstrate that he meets the initial evidence requirements by satisfying at least three of the ten crite…
JUN162021_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 16, 2021
—
The issue on appeal is whether the Applicant has sufficiently demonstrated her U.S. citizen spouse will experience extreme hardship if she is denied admission into the country, and if so, that a favorable exercise of discretion is warranted in her case. The Director determined that medical records corroborated assertions that the spouse took medication and…
JUN162021_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 16, 2021
—
The record demonstrates that the Petitioner qualifies as a member of the professions holding an advanced degree; she holds a Ph.D. in organic chemistry froml I I l 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.…
JUN162021_02B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 16, 2021
—
The Petitioner maintains that she qualifies for the EB-5 classification based on a $500,0003 investment in the NCE, a business that is associated with a United States Citizenship and Immigration Services (USCIS)-designated regional center,~-----,------~ See 8 C.F.R. § 204.6(j)(4)(iii). She indicates that the NCE intended to pool up to $67,500,000 EB-5 capit…
JUN162021_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 16, 2021
—
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 taught science a.__ ______________…
JUN162021_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 16, 2021
—
The record indicates 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…
JUN152021_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 15, 2021
—
According to the Petitioner, his "proposed endeavor is to work in supply chain development for the I !sector in the U.S. and be a key support to small/sub-tier American companies that supply or wish to supply materials and services to the I lmarket and become more competitive, thus reducing supply chain risks." He further stated that he endeavors to "create…
JUN152021_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 15, 2021
—
The Petitioner indicates he invested $500,0003 in the NCE on October 27, 2016. The most recent business plan claims the NCE seeks to raise up to $11,500,000 in EB-5 fonds from 23 immigrant investors to loan tq l the job creating entity (JCE). The JCE rans to use the EB5 capital and other fonds to develop and construct a hotel inj~-------~ Florida. The Chief…