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JUN042024_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 04, 2024
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The Petitioner indicated on page 2 of her petition that on March 27, 2017, she invested $500,000 1 in
[ Il I
the new commercial enterprise (NCE), which is sponsored by pursuant to the Immigrant Investor Pilot Program. According to the Confidential Private Placement Memorandum, the NCE ro oses to raise $300,000,000 from 600 immigrant investors and lend the…
JUN042024_01H2212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 04, 2024
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In October 2012, the Director of the San Fernando Valley, California Field Office denied the Form 1601, Application to Waive Inadmissibility Grounds (waiver application), concluding that the record did not establish, as required, that denial of admission would result in extreme hardship to the Applicant's qualifying relative. In December 2012, the Applicant…
JUN042024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 04, 2024
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The Petitioner proposes to work in the United States as a chief executive officer (CEO) and an entrepreneur. The Director of the Texas Service Center denied the petition, concluding that the Petitioner failed to establish a discretionary waiver of the required job offer, and thus of the labor certification, would be in the national interest.
A. EB-2 Classi…
JUN042024_02M1244
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 04, 2024
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The issue on appeal is whether the Applicant was convicted of at least two misdemeanor offenses committed in the United States. Upon review, we conclude that he was, and that he is therefore barred from TPS on criminal grounds pursuant to section 244(c)(2)(B) of the Act.
A. Criminal History
The record reflects that in 2004 the Applicant pled guilty 1 to as…
JUN042024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 04, 2024
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The Director found that the Petitioner qualifies for the EB-2 classification. Based upon the evidence in the record that the Petitioner obtained the foreign equivalent of a master's degree in development management from I I Colombia in October 201 7, we agree. 2 The Director also concluded that the Petitioner established the substantial merit of the propose…
JUN042024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 04, 2024
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The Petitioner proposes to offer consultancy services to businesses through his company, TheThe Director concluded that the Petitioner qualified as a member of the professions holding an advanced degree. Accordingly, the remaining issue to be determined on appeal is whether the Petitioner has established that a waiver of the requirement of a job offer, and…
JUN042024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 04, 2024
—
A. EB-2 Immigrant Classification
As stated above, a petitioner must establish eligibility for the EB-2 classification in order to be eligible for a national interest waiver. At initial filing and in response to the Director's request for evidence (RFE), the Petitioner claimed she qualifies for EB-2 classification as an advanced degree professional. Here, th…
JUN042024_06M1244
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 04, 2024
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The issue on appeal is whether the Applicant is subject to the firm resettlement bar for TPS. Upon review of the record as supplemented on appeal we conclude that he is not. The Applicant represented on his Form 1-821 that he last entered the United States as a nonimmigrant visitor for pleasure (B-2) on June 18, 2022, with a Turkish passport, and that he re…
JUN042024_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 04, 2024
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A. Advanced Degree Professional
The Director found the Petitioner qualifies as a member ofthe professions holding an advanced degree. While we agree that the evidence establishes the Petitioner holds the foreign equivalent of a U.S. bachelor's degree in production engineering, after reviewing the record, we question whether it, in fact, contains evidence th…
JUN042024_08B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 04, 2024
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The Director determined that the Petitioner qualifies for the underlying EB-2 classification as an advanced degree professional. Therefore, the remaining issue on appeal is whether the Petitioner has established eligibility for a national interest waiver under the Dhanasar framework. The first Dhanasar prong, substantial merit and national importance, focus…
JUN032024_01A6245
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 03, 2024
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The Applicant, a native and citizen of Guatemala, was granted U nonimmigrant status from June 2017 to June 2021. He filed a Form 1-539, Application to Extend/Change Nonimmigrant Status, which was approved, and his status was extended until November 2023. The Applicant timely filed the instant U adjustment application in March 2022. The Director issued a req…
JUN032024_01D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 03, 2024
—
The Applicant, a native and citizen of Honduras, entered the United States in February 2019 without inspection and filed her T application in May 2022. 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. The Applicant explained in her…
JUN032024_01D6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 03, 2024
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Upon review of the record in its totality, we conclude that the Petitioner has not established that he merits a discretionary waiver of the two-year personal meeting requirement for the following reasons. The Petitioner filed the fiance( e) petition on March 25, 2022, thus the relevant time period in which he must show he and the Beneficiary met is between…
JUN032024_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 03, 2024
—
The Applicant was born in Pakistan in 2012. His mother is a U.S. citizen by virtue of her birth in the United States. The Applicant first entered the United States as an A-1 nonimmigrant in December 2020. The record indicates that the Applicant's father is a diplomat employed by the government of Pakistan. The Director determined that the evidence submitted…
JUN032024_01H6212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 03, 2024
—
On appeal, the Applicant claims, in part, that he was admitted for the purposes of adjustment of status under section 245(a) of the Act and therefore is eligible for adjustment of status. Whether the Applicant was admitted, however, was not a basis for the Director's decision to deny the Form I-601. Additionally, regardless ofwhether the Applicant was previ…
JUN032024_02E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 03, 2024
—
The Applicant was born in Pakistan in 2013. Her mother is a U.S. citizen by virtue of her birth in the United States. The Applicant last entered the United States as an A-1 nonimmigrant in July 2022. The record indicates that the Applicant's father is a diplomat employed by the government ofPakistan. The Director determined that the evidence submitted below…
JUN032024_02H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jun 03, 2024
—
On appeal, the Applicant claims, in part, that he was admitted for the purposes of adjustment of status under section 245(a) of the Act and therefore is eligible for adjustment of status. Whether the Applicant was admitted, however, was not a basis for the Director's decision to deny the Form I-601. Additionally, regardless ofwhether the Applicant was previ…
MAY312024_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 31, 2024
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The Applicant, a citizen of Guatemala, is a qualifying family member who was granted U-5 nonimmigrant classification on June 29, 2017, valid until March 29, 2021. He did not file his U adjustment application until June 15, 2021, 78 days after his U nonimmigrant status expired. The record on appeal also indicates that the Applicant has not filed a Form 1-539…
MAY312024_01D2101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 31, 2024
—
The Petitioner provides medical physics and dosimetry services to hospitals and private cancer treatment centers. The Petitioner intends to employ the Beneficiary in the position of medical physics quality specialist. On the LCA submitted in support of the petition, the Petitioner designated the proffered position to be in occupational category of "Medical…
MAY312024_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 31, 2024
—
The Applicant is seeking a Certificate of Citizenship indicating that he derived U.S. citizenship from his naturalized U.S. citizen father. The Applicant was born in Honduras inl I2001, to unmarried foreign national parents. The Applicant's father became a U.S. citizen through naturalization in March 2014, when the Applicant was 12 years old, and the Applic…
MAY312024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 31, 2024
—
A. EB-2 Classification
The Director concluded the Petitioner did not establish his eligibility for EB-2 classification as an advanced degree professional because the work experience letters he provided did not list the duties he performed, thus, it could not be determined if his post-graduate work experience is sufficient to qualify under 8 C.F.R. § 204.5(k…
MAY312024_03D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 31, 2024
—
In February 2023, the Director informed the Petitioner he appears inadmissible under section 212(a)(6)(C)(i) of the Act for fraud or willful misrepresentation. Any noncitizen who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States…
MAY312024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 31, 2024
—
A. EB-2 Classification
In order to qualify for a national interest waiver, the Petitioner must first show that he qualifies for the EB-2 classification under section 203(b )(2)(A) of the Act, either as an advanced degree professional or an individual of exceptional ability. In denying the petition, the Director concluded that the Petitioner did not qualify…
MAY312024_04D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 31, 2024
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A. The Petitioner Was Not the Victim of Qualifying Criminal Activity 1. Relevant Evidence and Procedural History The Petitioner filed his U petition in July 2016 with a Supplement B signed and certified by a Lieutenant in the Special Victims Section of thel INevada, Metropolitan Police Department (certifying official). In response to Part 3.1 of the Supplem…
MAY312024_04H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 31, 2024
—
As mentioned above, the Applicant seeks to adjust her status to that of a lawful permanent resident. However, the Director concluded that the Applicant was inadmissible under section 212(a)(6)(C)(i) of the Act because she willfully misrepresented her intent for coming to the United States when she applied for her nonimmigrant visa. The Director then determi…