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MAY122021_01D6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 12, 2021
—
The Petitioner submitted the instant fiance(e) petition in April 2019 and submitted, among other evidence, a personal statement and a document titled "Certificate of [E]ngagement [B]etween Boys Girls" (Certificate) issued by the Government of Laos. The Director found this evidence insufficient to establish eligibility for the benefit sought, and issued a re…
MAY122021_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 12, 2021
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The record shows that the Applicant has been convicted twice in California under section 273.5(A) of the California Penal Code (CPC), inflicting corporal injury to a spouse or cohabitant, in 1998 and 2000. For his 1998 conviction, the Applicant served a prison sentence of 29 days and three years of probation. For his 2000 conviction, he served 60 days in ja…
MAY122021_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 12, 2021
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The record reflects that the Applicant was admitted to the United States on or about August 6, 2001 as a nonimmigrant B-2 with authorization to remain in the United States for a temporary Jeriod not to exceed February 5, 2002. She was ordered removed from United States on I 2006 as an alien present in the United States without authorization. The Applicant w…
MAY122021_02A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 12, 2021
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The record reflects that the Applicant was granted U-1 status from October 2014, until September 2018, and filed the instant U adjustment application in October 2018. In her decision, the Director noted that because the Applicant's U nonimmigrant status expired on September 30, 2018, and the U adjustment application was filed on October 15, 2018, the Applic…
MAY122021_02C1101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 12, 2021
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The Petitioner has not submitted verifiable evidence of how it intends to compensate the Beneficiary. See 8 e.F.R. § 204.5(m)(10). According to page 19 of the petition, the Beneficiary will receive "a non-salaried compensation ofup to USD $24,000 [annually]," which will include "accommodation,""gas for vehicle," "feeding," "electricity bills," "internet bil…
MAY122021_03A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 12, 2021
—
The Applicant, a native and citizen of Mexico , was granted U nonimmigrant status in December 2012 . The Applicant timely filed the instant U adjustment application in December 2016 . The Director denied the application, determining that the favorable and mitigating equities in the Applicant's case
were outweighed by the adverse factors and, as a result, t…
MAY122021_03C1101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 12, 2021
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A. Motion to Reconsider We will dismiss the Petitioner's motion to reconsider the matter because it has not "state[ d] the reasons for reconsideration and be supported by any pertinent precedent decisions to establish that [ our previous] decision was based on an incorrect application of law or [USCIS or Department of Homeland Security (DHS)] policy." 8 C.F…
MAY122021_04A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 12, 2021
—
The Applicant, a native and citizen of Argentina, entered the United States in December 2000 under the Visa Waiver Program. He was granted U-3 nonimmigrant status in March 2013 as a qualifying family member of a U-1 nonimmigrant. The Applicant filed the instant U adjustment application in
May 2017.1 The Director denied the application determining that the…
MAY122021_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 12, 2021
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The Director found that the Petitioner qualifies as a member of the professions holding an advanced degree. However, the Director also found that the record did not establish eligibility under any prong of the Dhanasar framework, all of which must be satisfied. For the reasons discussed below, the Petitioner has not established that a waiver of the requirem…
MAY122021_05A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 12, 2021
—
The Applicant, a native and citizen of Mexico, was approved for U nonimmigrant status in October 2014. The Applicant filed the instant U adjustment application in April 2018 . The Director denied the application, determining that the favorable and mitigating equities in the Applicant's case
outweighed the adverse factors and, as a result, the Applicant did…
MAY122021_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 12, 2021
—
The Director found that the Petitioner qualifies as a member of the professions holding an advanced degree. The Director farther found that the proposed endeavor has substantial merit; however, the Director concluded that the Petitioner did not establish that the proposed endeavor has national importance. For the reasons discussed below, the Petitioner has…
MAY122021_06A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 12, 2021
—
The Applicant, a 35-year old native and citizen of Mexico, entered the United States without inspection, admission, or parole on or around January 2000. In October 2014, USCIS granted the Applicant U nonimmigrant status as a bystander victim of felonious assault/attempted murder who was helpful in the investigation of the crime. The Applicant timely filed t…
MAY122021_07A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 12, 2021
—
A. Procedural History
The Applicant, a 41-year old citizen of Mexico, was granted U-1 nonimmigrant status as a victim of qualifying criminal activity on October 1, 2014 until September 30, 2018. The Applicant filed the instant U adjustment application on September 17, 2018. In March 2019, USCIS issued a request for additional evidence (RFE) for, among other…
MAY122021_08A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 12, 2021
—
Lawful admission, as utilized at 8 C.F .R. § 245 .24(b )(2)(i), contemplates both procedural regularity and compliance with substantive legal requirements. See Matter of Longstaff, 716 F.2d 1439, 144142 (5th Cir. 1983) (holding that the term "lawfully admitted" at section 101(a)(20) of the Act, 8 U .S.C. § 1101(a)(20), "denotes compliance with substantive l…
MAY112021_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 11, 2021
—
The Applicant, a native and citizen of Mexico , was granted U nonimrnigrant status from June 20, 2013, to June 19, 2017 , based on her victimization and assistance to law enforcement. She filed the instant U adjustment application in October 2019. The Director concluded that the Applicant did not continue to hold U nonimmigrant status at the time she filed…
MAY112021_01C6101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 11, 2021
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In 2016, when the Petitioner was 20 years old, the Superior Court of New Jersey, Chancery Division, Family Part fo~ !(Family Court) issued an order declaring the Petitioner dependent on the court and granting sole legal and residential custody of him to his father. The Family Court also entered determinations that the Petitioner's reunification with his mot…
MAY112021_01D12101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 11, 2021
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The Applicant, a native and citizen of the Republic of Korea, claims to have most recently entered the United States without inspection, admission, or parole in June 2005. The Applicant filed this T application in August 2018. The Director denied the application in January 2020, concluding that the Applicant had not established that she is physically presen…
MAY112021_01D8101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 11, 2021
—
The petitioning an art museum seeks to employ the Beneficiary in the role of assistant curator for its I I art collection for a period of three years. Accordin to his curriculum vitae, the Beneficiary received his Doctor of Fine Arts at the State University in 2016. At the time 9f filing the instant petition in !Jllv 2020 the Beneficiary was employed in ___…
MAY112021_01H3212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 11, 2021
—
We find that the Applicant has presented new facts or evidence sufficient to demonstrate that her spouse would suffer exceptional hardship if the waiver is denied. We incorporate our prior decision by reference and will repeat only certain facts and evidence as necessary to address the Applicant's claims on motion. In adjudicating the Applicant's request fo…
MAY112021_02A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 11, 2021
—
The Applicant's relative filed a Form 1-918, Supplement A, Petition for Qualifying Family Member of U-1 Recipient, on his behalf in July 2013. USCIS approved the petition, and the Applicant was admitted into the United States as a U-3 nonimmigrant in April 2016. The Applicant subsequently filed a Form 1-539, Application to Extend/Change Nonimmigrant Status…
MAY112021_02D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 11, 2021
—
The Applicant is a native and citizen of Mexico who claims to have last entered the United States without being admitted, inspected, or paroled in February 2010. The Applicant filed this T application in September 201 7.
A. Relevant Factual and Procedural History In her written statements before the Director, the Applicant explained that her "uncle" F-S-,…
MAY112021_02D6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 11, 2021
—
The Petitioner filed the fiance(e) petition on January 14, 2020. The Director issued a request for evidence (RFE) explaining, in part, that the Petitioner had not established the Beneficiary's intent to marry. The Director asked for details regarding how the parties met and established the relationship, and specifically requested evidence from the Beneficia…
MAY112021_02H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 11, 2021
—
The issues on appeal is whether the Applicant is inadmissible for fraud or willful misrepresentation and if so, whether Applicant's qualifying relatives would experience extreme hardship if the waiver is denied.
A. Inadmissibility
The record reflects that the Applicant presented a fraudulent B 1/B2 visa in order to enter the United States. The Applicant wa…
MAY112021_03A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 11, 2021
—
The Applicant, a 33-year old native and citizen of Mexico, first entered the United States in 2004 without inspection, admission, or parole; he remained in the United States until 2006. In May 2007, the Applicant reentered the United States without inspection, admission, or parole. In December 2015, USCIS granted the Applicant U-2 status based on his family…
MAY112021_03D6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 11, 2021
—
Upon review of the record in its totality, we conclude that the Petitioner has not established that the Beneficiary is legally able to conclude a valid marriage and has thereby not met the eligibility grounds for approval of a fiance(e) petition pursuant to Section 214(d)(l) of the Act.2 The Petitioner filed the petition to classify the Beneficiary as a fia…