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APR172024_01F1101
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 17, 2024
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A. Relevant Facts and Procedural History The Petitioner filed the instant orphan petition on behalf of the Beneficiary, a citizen of Nigeria, in August 2019. The Petitioner claimed that the Beneficiary met the definition of an orphan as the child who "has no parents due to ... abandonment ... by ... both parents." The Director approved the orphan petition i…
APR172024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 17, 2024
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The Director's decision did not render a determination as to whether the Petitioner qualifies as a member of the professions holding an advanced degree or as an individual of exceptional ability. Instead, the decision only addressed the Petitioner's eligibility for a national interest waiver. Therefore, the issue for consideration on appeal is whether the P…
APR172024_03B2203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 17, 2024
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The Petitioner asserted that, after earning an associate' s degree in public relations in 2011, he founded"a business development company" in Nigeria involved in media production and advertising. The Petitioner has served as his company's chief executive officer (CEO) and creative director. The Petitioner stated that his company produced radio and televisio…
APR172024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 17, 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…
APR172024_03E2309
Remanded
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 17, 2024
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The Applicant submitted the current Application seeking a certificate of citizenship based on being born abroad to two U.S. citizen parents. The Director requested additional information from the Applicant regarding his parents' marriage and evidence of his lawful permanent residence in the United States. The Applicant did not respond to the request for evi…
APR172024_04B9204
Dismissed
v3_no_parsed_rules_gpt52: Accepted
v3_no_parsed_rules_gpt5mini_med: Failed
Apr 17, 2024
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The Petitioner, a citizen and national of Nigeria, last entered the United States in May 2017 on a B2 visa. She married R-D-M-, 1 a U.S. citizen, in June 2017 and filed her VAWA petition in October 2019 based on claimed abuse in that marriage. The Petitioner previously married G-L-I-in Nigeria and claims the marriage was terminated on I I 201 7. The Directo…
APR162024_01B2203
Remanded
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 16, 2024
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The record indicates that since 2019 the Petitioner has participated in several art contests and exhibited her artwork in group fine art exhibitions. In 2020 she completed training in academic drawing at the According to her personal statement submitted with the petition, the Petitioner indicates that she intends to continue her work as an artist in the Uni…
APR162024_01B5203
Accepted
v3_no_parsed_rules_gpt52: Accepted
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 16, 2024
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As stated, the issue before us is whether the Petitioner has submitted new facts supported by documentary evidence sufficient to warrant reopening his appeal and/or established that our decision to dismiss the appeal was based on an incorrect application of law or USCIS policy. The Petitioner must specify the factual and legal issues raised on appeal that w…
APR162024_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Accepted
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 16, 2024
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A. Procedural History
The Petitioner, a citizen and national ofNigeria, last entered the United States in September 2018 on a B2 visa. He married L-D-W-, 1 a U.S. citizen, in I I 2019 and filed his VAWA petition in September 2020 based on claimed abuse in that marriage. The Petitioner previously married P-O-E in Nigeria and he asserted that this marriage w…
APR162024_01F1101
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 16, 2024
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A. Relevant Facts and Procedural History The Petitioner filed the instant orphan petition on behalf of the Beneficiary, a citizen of Nigeria, in August 2019. The Petitioner claimed that the Beneficiary met the definition of an orphan as the child who "has no parents due to ... abandonment ... by ... both parents." The Director approved the orphan petition i…
APR162024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 16, 2024
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Noncitizens alleging ineffective assistance of counsel must "substantially" comply with the requirements described in Matter ofLozada, 19 I&N Dec. 637, 639 (BIA 1988). Dakane v. US. Att'y Gen. , 399 F.3d 1269, 1273-74 (11th Cir. 2005) (requiring "substantial, if not exact, compliance with the procedural requirements of Lozada"); see also Matter of Melgar, 2…
APR162024_02D7101
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 16, 2024
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The primary issue we will address is whether the Petitioner established that the Beneficiary has been employed abroad in a managerial or executive capacity as defined at section 10l(a)(44)(A) or (B) of the Act, 8 U.S.C. § l 10l(a)(44)(A) or (B). The Petitioner filed the Form 1-129, Petition for a Nonimmigrant Worker on May 22, 2023, and stated that the Bene…
APR162024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 16, 2024
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The Director determined that the Petitioner did not establish that she is an individual of exceptional ability and as such did not establish that she qualifies for the EB-2 classification.2 Regarding the Petitioner's request for a national interest waiver, the Director found that the Petitioner demonstrated the substantial merit of the proposed endeavor but…
APR152024_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 15, 2024
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The Applicant was granted U-3 nonimmigrant status from June 2018 to June 2021. In April 2021, she filed a Form 1-539, Application to Extend/Change Nonimmigrant Status (Form 1-539). She filed her U adjustment application in May 2021. USCIS approved the Applicant's Form 1-539 in September 2021, extending her U-3 nonimmigrant status until September 2022. 1 The…
APR152024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 15, 2024
—
The Director determined that the Petitioner was a member of the professions holding an advanced degree.3 The remaining issue to be resolved is whether the Petitioner qualifies for a national interest waiver under the Dhanasar framework. The Petitioner states that his proposed endeavor is to be asoftware developer/entrepreneur. He claims to have more than 18…
APR152024_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 15, 2024
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The Applicant is seeking a Certificate of Citizenship indicating that he derived U.S. citizenship from his U.S. citizen mother. The Applicant was born in Jamaica inl 12001, to unmarried foreign national parents. The Applicant was admitted to the United States as an LPR in June 2011 and his mother became a U.S. citizen through naturalization in January 2022.…
APR152024_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 15, 2024
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The Director determined that the Applicant is inadmissible for fraud and willful misrepresentation of a material fact for knowingly misrepresenting employment to maintain Optional Practical Training (OPT) status as an F-1 student. The Applicant does not contest her inadmissibility on appeal but states that her qualifying relative, her LPR spouse, would suff…
APR152024_02A6245
Remanded
v3_no_parsed_rules_gpt52: Accepted
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 15, 2024
—
The Applicant, a 46-year-old native and citizen of Honduras, entered the United States without inspection in April 2003, when he was 25 years old. He filed a Form I-918 Supplement, Petition for U Nonimmigrant Status (U petition), which USCIS approved, according him U nonimmigrant status from December 201 7 to December 2021. The Applicant timely filed the in…
APR152024_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 15, 2024
—
The Petitioner has been working as a professor and administrator, primarily at the I ____ I in Brazil, since 2010. He holds a Ph.D. in transportation from the same institution. He states that he intends to pursue employment as a an urban and transportation planner in the United States. Together with his appeal brief, the Petitioner also submits copies ofpre…
APR152024_02E2309
Remanded
v3_no_parsed_rules_gpt52: Accepted
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 15, 2024
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The Applicant claims that he meets the definition of a child at section 101 (b )( 1 )(E) of the Act because he has been in the legal custody ofhis adoptive U.S. citizen parents, B-G- and H-M-, 1 since his August 2018 Placement Agreement, which was finalized on August 13, 2018.2 The record contains the following documents relating to the Applicant's U.S. ado…
APR152024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 15, 2024
—
The Petitioner proposes to work as a software developer for her new public emergency response mobile platform business. The Director found that the Petitioner did not establish eligibility for the underlying EB-2 immigrant classification either as an advanced degree professional or as an individual of exceptional ability. The Director further found that the…
APR152024_04B5203
Accepted
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 15, 2024
—
We agree with the Director's determination that the Beneficiary 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 ofthe requirement ofa job offer, and thus a labor certification, would be in the national interest. The Director determined that the…
APR152024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 15, 2024
—
The
Petitioner, an Oracle EBS consultant, states that his proposed endeavor is "to serve as a functional consultant for Oracle E-Business Suite Supply Chain Management" and "serve as an expert technical consultant who will understand customer needs and develop customized systems using tools such as PLSQL, Oracle Forms, Oracle Reports, XML Publisher, API's,…
APR152024_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 15, 2024
—
The Director's decision did not render a determination as to whether the Petitioner qualifies as a member of the professions holding an advanced degree. Instead, the decision only addressed the Petitioner's eligibility for a national interest waiver. Therefore, the issue for consideration on appeal is whether the Petitioner has established that a waiver of…
APR122024_01C6101
Remanded
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 12, 2024
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A. Relevant Facts and Procedural History In 12015, when the Petitioner was 20 years old, thel !Family Court (Family Court) in New York issued an order appointing a guardian (guardianship order) for the Petitioner. The order stated that "the appointment shall last until the [Petitioner]' s 21 st birthday ...." In a separate order issued the same day and titl…