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MAY022024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 02, 2024
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The Petitioner states he has worked in Kazakhstan's film and television industry since 2013 and earned a certificate in cinematography in 2017. 1 The Petitioner indicates he intends to open his own U.S. company to produce commercial and video clips, to film a documentary, and to attend the Los Angeles Film School to study directing. The record shows that, a…
MAY022024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 02, 2024
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The labor certification indicates that the offered position requires at least a U.S. bachelor's degree, or foreign equivalent degree, in computer science, engineering, mathematics, business administration, or related quantitative field and at least 60 months of experience. The Petitioner also indicated the position could accept an alternate, related occupat…
MAY022024_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 02, 2024
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A petitioner must establish a beneficiary's possession of all the education, training, and experience specified on an accompanying labor certification by a petition's priority date. 1 8 C.F.R. §§ 103.2(b)(1), (12); see also Matter of Wing's Tea House, 16 I&N Dec. 158, 159 (Acting Reg'l Comm'r 1977); Matter ofKatigbak, 14 I&N Dec. 45, 49 (Reg'l Comm'r 1971).…
MAY022024_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 02, 2024
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The Chief found that there is substantial and probative evidence that the Petitioner's prior marriage to his first spouse, J-B-, was entered into for the purpose of obtaining immigration benefits and determined that the approval of the Form I-526 is prohibited under section 204(c) of the Act. The Chief noted that a field investigation revealed that the Peti…
MAY022024_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 02, 2024
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The Director denied the Applicant's request for a certificate of citizenship on the basis that he had not demonstrated that his naturalized U.S. citizen mother had been awarded legal custody through a court. On appeal, the Applicant states that at the time his mother emigrated to the United States from Jamaica he was left in the care and custody of his grea…
MAY022024_01F1101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 02, 2024
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A. Relevant Factual and Procedural History The Petitioner filed her orphan petition in August 2021. In her petition, the Petitioner claimed that N-O- , 1 a native and resident of Imo State ave birth to the Beneficia 2006 and later surrendered him at the __________________ __, (orphanage). The 1 Initials are used to protect the individuals' privacy.
Petitio…
MAY022024_01H2212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 02, 2024
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1 We note that the Director did not examine the evidence of extreme hardship under the two separate circumstances of separation and relocation. While the Applicant's qualifying relative stated she had many reasons why she could not move back to Hong Kong, she did not make an affirmative statement regarding separation or relocation. Should the Director concl…
MAY022024_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 02, 2024
—
The record reflects that the Applicant entered the United States without inspection in 1989. An immigration judge granted her an order of voluntary departure for six months on I I 1997, with an alternate order ofremoval if she did not depart. The Applicant did not depart the United States and as such, was ordered removed from the United States in 1997. The…
MAY022024_01H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 02, 2024
—
1 We note that the Director did not examine the evidence of extreme hardship under the two separate circumstances of separation and relocation. While the Applicant's qualifying relative stated she had many reasons why she could not move back to Hong Kong, she did not make an affirmative statement regarding separation or relocation. Should the Director concl…
MAY022024_02B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 02, 2024
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Because the Petitioner has not indicated or established receipt of 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 Petitioner claimed to have satisfied four ofthese criteria, but the Director determined the Petitioner fulfilled only two: judging the work ofo…
MAY022024_02E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 02, 2024
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The Director denied the current application under section 320 of the Act because the Applicant did not establish that they are a lawful permanent resident. The Applicant does not challenge this determination on appeal and the record establishes that the Applicant has not been lawfully admitted for permanent residence. Therefore, the Director's determination…
MAY022024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 02, 2024
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Regarding the national interest waiver, the first prong relates to substantial merit and national importance of the specific proposed endeavor. Dhanasar, 26 I&N Dec. at 889. In Part 6 (Basic Information About the Proposed Employment) of Form 1-140, Immigrant Petition for Alien Workers, the Petitioner listed the job title as "IT PROJECT MANAGER" and provided…
MAY022024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 02, 2024
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The Petitioner states that she has more than 24 years of experience as a psychologist. She states that her professional experience includes 18 years with an armed security company where she served as human resources director and organizational psychologist, and four years as a school psychologist for students ages 11 to 14. She states that her proposed ende…
MAY022024_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 02, 2024
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The Petitioner proposes to work in the United States as a software engineer having worked in the information technology field in Brazil. The Director determined that the Petitioner established his eligibility as a member of the professions holding an advanced degree. We agree with the Director's determination.3 However, the Director concluded the Petitioner…
MAY012024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 01, 2024
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The Director found 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 of a labor certification, would be in the national interest. For the reasons discussed below, the Petitioner has n…
MAY012024_01C6101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 01, 2024
—
On I I 2021, the Commonwealth of Massachusetts Probate and Family Court, __ Division (court), issued a judgment of dependency Uudgment) determining it had jurisdiction over the Petitioner and was sitting as a juvenile court, referencing Massachusetts laws in support. The judgment referred the Petitioner to the Probation Service for the coordination of educa…
MAY012024_01D14101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 01, 2024
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The Petitioner filed his U petition in December 2017 with a Supplement B signed and certified by a commander in the I I Minnesota Police Department for an incident that occurred in I 12016. 2 The certifying official checked boxes indicating that the Petitioner was the victim of criminal activity involving or similar to "Felonious Assault", "Attempt to Commi…
MAY012024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 01, 2024
—
In order to qualify for consideration for the national interest waiver, the Petitioner must first establish eligibility for the underlying EB-2 immigrant classification. To show that an individual qualifies as a member of the professions holding an advanced degree, a petitioner must submit evidence showing that the individual has either earned a degree abov…
MAY012024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
May 01, 2024
—
According to the Petitioner's resume, he worked as a national sales manager with _______ a business specializing in the production, commercialization, and distribution of dairy products, from 2009 until 2022. The Petitioner entered the United States in May 2022 as a B-2 nonimmigrant visitor for pleasure and filed this petition in August 2022. The Director f…
APR302024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Apr 30, 2024
—
The Petitioner is a hockey referee who has officiated games at the national and international levels. He states that he intends to continue working as a hockey referee in the United States, and to establish a hockey school for children.
A. Evidentiary Criteria
Because the Petitioner has not indicated or established that they received a major, international…
APR302024_01B6203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Apr 30, 2024
—
The record shows that, in December 2021, the Beneficiary - a Nigerian native and citizen -earned a U.S. bachelor of science degree in nursing. In December 2022, the Petitioner filed this petition, offering her the position ofregistered nurse at an annual proffered wage of $49,192 and requesting the job's designation under Schedule A as a professional nurse.…
APR302024_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Apr 30, 2024
—
In this case, the Petitioner claims to have invested at least $500,000 in the NCE. According to pages 6 and 11 the business plan, the NCE seeks to solicit up to $44 million from noncitizen investors to facilitate the construction and operation of "a luxury boutique condo-hotel" along the I I I I in Texas. The business plan states that the condo-hotel will c…
APR302024_01E2309
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Apr 30, 2024
—
The Applicant claims that he satisfies the requirements for an adopted child at section 320(b) of the Act because he is the subject of a full, final, and complete adoption in Venezuela by U.S. citizen parents who personally saw and observed him before or during the adoption proceedings and that he therefore met the definition of an adopted child at section…
APR302024_02A3013
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Apr 30, 2024
—
The record reflects that the Applicant is a citizen of Bangladesh who was admitted to the United States in 2010 as a G-1 nonimmigrant to work as an administrative officer with the _______ Bangladesh to the United Nations. During his interview, the Applicant explained he was unable to return to Bangladesh because the country lacked safety and security. The A…
APR302024_02C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Apr 30, 2024
—
Onl 12018, the New York Family Court forl l(Family Court) appointed guardianship ofthe Petitioner, a native and citizen of Bangladesh, to M-I-. 2 The same day, the Family Court separately issued an Order - On a Motion for Special Findings (SIJ order) in which it entered findings relevant to the Petitioner's eligibility for SIJ classification. The Petitioner…