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MAY222024_02H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 22, 2024
—
The issue presented on appeal is whether the Applicant should be granted permission to reapply for admission to the United States in the exercise of discretion. The record reflects that in August 2022, the Applicant applied for admission to the United States, seeking a North American Free Trade Agreement (NAFT A) professional nonimmigrant visa (TN visa) and…
MAY222024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 22, 2024
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A. EB-2 Visa Classification
As indicated above, the Petitioner must first demonstrate qualification for the underlying EB-2 visa classification as either an advanced degree professional or an individual of exceptional ability in the sciences, arts, or business. Section 203(b )(2)(B)(i) of the Act. The Director determined that the Petitioner was not a member…
MAY222024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 22, 2024
—
The Director determined that the Petitioner qualified as an advanced degree professional, but further concluded she did not establish eligibility for a national interest waiver under the Dhanasar framework. For the reasons set forth below, we agree that the Petitioner did not demonstrate eligibility under the Dhanasar framework and will dismiss the appeal.…
MAY212024_01A3013
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 21, 2024
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The Director of the National Benefits Center denied the application because the principal applicant did not establish compelling reasons why she was unable to return to Afghanistan, the country that accredited her as a foreign government official. In a separate decision, we rejected the principal applicant's appeal as untimely filed. The Applicant's adjustm…
MAY212024_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 21, 2024
—
The Applicant, a citizen of Ecuador, was granted U-1 nonimmigrant classification on March 24, 2017, and valid until March 23, 2021. On January 18, 2022, she filed her U adjustment application, 301 days after her U nonimmigrant status expired. Accordingly, the Applicant was not in U nonimmigrant status when she filed her adjustment application as required by…
MAY212024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 21, 2024
—
Because the Petitioner has not indicated or established he has received a major, internationally recognized award, he must satisfy at least three of the alternate regulatory criteria at 8 C.F.R. § 204.5(h)(3)(i)-(x). The Director concluded the Petitioner fulfilled two of the three claimed criteria. Specifically, the Director determined the Petitioner met ju…
MAY212024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 21, 2024
—
A. EB-2 Classification
The Petitioner is a musician and a software engineer. He submitted a diploma and transcripts for his master's degree in music from the ______ in Florida. In addition, he submitted diplomas and transcripts for his bachelor's degrees in music and computer information systems from in Louisiana. The Director concluded that the Petitioner…
MAY212024_01B7203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 21, 2024
—
In this case, the Petitioner claims to be one of 99 investors who pooled their funds together to invest in the NCE, a business that offers for-hire vehicle services inl IOn appeal, the Petitioner states that the NCE is managed by 7 and that the NCE continues to be "operational and ongoing." As noted, the Chief concluded that the Petitioner failed to establi…
MAY212024_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 21, 2024
—
The
Petitioner, a citizen ofNigeria, filed his VA WA petition in December 2018 based on his marriage to K-S-, 1 a U.S. citizen. In support of his VAWA petition, the Petitioner submitted al I marriage certificate, and a New Jersey birth certificate for K-S-. For himself he submitted a copy of his employment authorization, social security card, and an attesta…
MAY212024_01D6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 21, 2024
—
A. Bona Fide Intention to Marry The Director denied the petition, concluding that the record was insufficient to demonstrate a bona fide intention to marry. In their request for evidence (RFE), the Director explained that the Petitioner had "admitted to the [Federal Bureau of Investigations (FBI)] that [he] submitted fraudulent financial documents in suppor…
MAY212024_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 21, 2024
—
The Applicant was found inadmissible by a Department of State (DOS) consular officer under section 212(a)(6)(C)(i) of the Act for committing fraud or misrepresentation, and under section 212(a)(2)(A)(i) of the Act for being convicted of a crime involving moral turpitude. The Director summarized the details of these findings of inadmissibility, and we hereby…
MAY212024_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 21, 2024
—
The Applicant was found inadmissible by a Department of State (DOS) consular officer under section 212(a)(6)(C)(i) of the Act for committing fraud or misrepresentation, and under section 212(a)(2)(A)(i) of the Act for being convicted of a crime involving moral turpitude. The Director summarized the details of these findings of inadmissibility, and we hereby…
MAY212024_02A6245
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 21, 2024
—
The Applicant was granted U-3 nonimmigrant status from October 27, 2017, until October 26, 2021, when he was overseas. The Applicant was admitted into the United States in U nonimmigrant status on May 2, 2018, and his U nonimmigrant status was valid until October 26, 2021. The Applicant filed his U adjustment application on October 12, 2021. The Director is…
MAY212024_02B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 21, 2024
—
The Petitioner proposes to establish a customs and trade consultancy services business for which she would be its customs and trade specialist. The Director determined that the Petitioner established her eligibility for the underlying EB-2 classification as a member of the professions holding an advanced degree; however, she did not establish that a waiver…
MAY212024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 21, 2024
—
A. The Proposed Endeavor
The record shows that the Petitioner, a Nigerian native and citizen, earned a bachelor of technology degree in pure and applied physics in his home country in 2011 and a U.S. master of science degree in computer science in 2018. Since 2019, he has worked in the United States as an IT instructor and adjunct college lecturer. The Peti…
MAY212024_04B5203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 21, 2024
—
Preliminarily, we note that while the Petitioner's appellate brief mainly addresses the Director's initial denial decision, we emphasize that the Petitioner did not appeal the petition's denial, but rather the Director's subsequent finding that his combined motions to reopen and reconsider did not meet applicable requirements. Therefore, the merits of the u…
MAY212024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 21, 2024
—
The Petitioner proposed to work in the United States as a human resources management specialist through her human resources consulting company, '---------------------' as the owner and managing director of the company. The company plans to provide human resources consulting and professional development services to small and medium-sized enterprises in the U…
MAY212024_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 21, 2024
—
A. EB-2 Classification
The Director concluded that the Petitioner qualified for EB-2 classification as a member of the professions holding an advanced degree. However, as the record does not otherwise establish by a preponderance of the evidence that the Petitioner is eligible for a national interest waiver as a matter of discretion, we will reserve the iss…
MAY202024_01A6245
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 20, 2024
—
The Applicant's father filed Form I-918, Supplement A, Petition for Qualifying Family Member of a U-1 Recipient (Form I-918A ), in December 2013. The Form I-9 l 8A was approved with validity dates of February 17, 2017, to February 16, 2021. The Applicant, who was residing in Guatemala, received a U-3 nonimmigrant visa and entered the United States in U-3 no…
MAY202024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 20, 2024
—
On appeal, the Petitioner asserts he is eligible for the requested EB-2 immigrant classification as an individual of exceptional ability as well as the requested national interest waiver. Upon de novo review, we conclude the Petitioner is not eligible for a national interest waiver under the Dhanasar framework, and we will therefore decline to reach and her…
MAY202024_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 20, 2024
—
A review of any motion is narrowed to the basis for the prior adverse decision. Accordingly, we will examine any new facts and arguments to the extent that they pertain to our most recent decision, the dismissal of a motion to reopen. As such, our analysis for these combined motions is limited to the following: whether we erred in dismissing the Petitioner'…
MAY202024_01B9204
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 20, 2024
—
A. Joint Residence
In her affidavits submitted initially and in response to the Director's Request for Evidence (RFE), the Applicant recounted meeting her U.S. citizen spouse in the Fall of 2013 and beginning to reside with him at her apartment onl Iafter about seven months. The Applicant submitted additional evidence of her residence with her spouse includ…
MAY202024_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 20, 2024
—
The issue presented on appeal is whether the Applicant should be granted permission to reapply for admission to the United States in the exercise of discretion. The record reflects that in August 2022, the Applicant applied for admission to the United States, seeking a North American Free Trade Agreement (NAFT A) professional nonimmigrant visa (TN visa) and…
MAY202024_02A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 20, 2024
—
The Applicant, a native and citizen of Mexico, was granted U nonimmigrant status from October 2014 until September 2018. He filed his U adjustment application in October 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 ensu…
MAY202024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 20, 2024
—
A. Proposed Endeavor
The record shows that the Petitioner, a Brazilian native and citizen, earned a bachelor's degree in nursing and obstetrics and completed post-graduate programs in occupational health nursing, family health nursing, and obstetrics in her home country. She gained more than 20 years of nursing experience in Brazil. Her most recent position…