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FEB132025_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 13, 2025
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A. Facts
The record shows that the Petitioner, a Inative and citizen, became a member of her country's national tennis team at a e 11. As a team member, she competed in the I I Garnes, Championships, and Cup, earning multiple medals and national championships. At one time, she ranked in in the world among junior tennis players, and she has consistently rank…
FEB132025_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 13, 2025
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The Director determined that the Beneficiary qualifies as a member of the professions holding an advanced degree. The issue on appeal is whether the Petitioner established that a waiver of the requirement of a job offer, and thus a labor certification, would be in the national interest. Upon de novo review, we agree with the Director's determination that al…
FEB132025_02B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 13, 2025
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In this case, the Petitioner claims to have invested $500,000 in the NCE. 4 According to the submitted business plan, the NCE seeks to solicit up to $30,000,000 from up to 60 immigrant investors and will lend the entire amount to an affiliate of __________ the job-creating entity (JCE). The JCE will use the EB-5 investment capital to develop, construct, and…
FEB132025_02C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 13, 2025
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The Petitioner is a citizen of Honduras who was born in I I 2004. With his Form I-360, the Petitioner submitted a Decree and Order Appointing Guardian and Letters ofGuardianship issued by the District Court ofl IOklahoma inl 12023 when the Petitioner was 19 years old. The court appointed the Petitioner's sister as his guardian and made the other judicial de…
FEB132025_02D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 13, 2025
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A. Relevant Facts and Procedural History The Petitioner filed her Form I-918 claiming that she was the victim of a qualifying criminal activity perpetrated against her in 2008. With the Form I-918, the Petitioner submitted a Supplement B, signed and certified by a detective ( certifying official) ofthe I I Police Department inl I California in 2016. The cer…
FEB132025_02H4212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 13, 2025
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The record reflects that the Applicant entered the United States without inspection onl I6, 2012, and she received an order of expedited removal on I 7, 2012. She was issued an Order of Supervision on I 8, 2012. Upon departure from the United States, the Applicant will be inadmissible under section 212(a)(9)(A)(i) ofthe Act for having been previously ordere…
FEB132025_03B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 13, 2025
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The Director determined that the Petitioner established three of the regulatory criteria. Upon de novo review, we agree. As the Petitioner has submitted the requisite initial evidence, we will evaluate whether she has demonstrated, by a preponderance of the evidence, that she has sustained national or international acclaim and that she is one ofthe small pe…
FEB132025_03B9204
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 13, 2025
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The record reflects that the Petitioner, a native and citizen of Mexico, last entered the United States in November 2001, and married her U.S. citizen spouse, T-D-, 1 in Indiana inl 2002. She filed the instant VA WA petition in February 2021 based on a claim of battery and extreme cruelty by T-D-. On her VA WA petition, the Petitioner indicated that she has…
FEB132025_04B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 13, 2025
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Because the Petitioner has not claimed or established his receipt of a major, internationally recognized award, he must satisfy at least three of the alternate regulatory criteria under 8 C.F.R. § 204.5(3)(i) (x). The Director determined the Petitioner met only two (judging under 8 C.F.R. § 204.5(h)(3)(iv) and scholarly articles under 8 C.F.R. § 204.5(h)(3…
FEB132025_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 13, 2025
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The Director concluded that the Petitioner qualified as an advanced degree professional. 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 thus a labor certification, would be in the national interest. The Petitioner initially stated that he intended to operate a com…
FEB132025_04D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 13, 2025
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The
Petitioner filed a U petition in 2015, stating that in 1999, she and her niece were violently attacked by two unknown men. In Part 3 of the Supplement B, the certifying official identified the crime by checking the box "Other," typed in "Common Law Robbery," and identified the statutory citation as N.C. Gen. Stat. § 14-87.1 (common law robbery under the…
FEB132025_05B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 13, 2025
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Because the Petitioner has not claimed or established his receipt of a major, internationally recognized award, he must satisfy at least three of the alternate regulatory criteria under 8 C.F.R. § 204.5(3)(i) (x). The Director determined the Petitioner met only two (judging under 8 C.F.R. § 204.5(h)(3)(iv) and high salary under 8 C.F.R. § 204.5(h)(3)(ix))…
FEB132025_06D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 13, 2025
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A. Relevant Facts and Procedural History In September 2016, the Petitioner filed his U petition with a Supplement B signed and certified by a lieutenant from the Police Department ofl I California (certifying official). The certifying official checked box indicating that the Petitioner was the victim of criminal activity involving or similar to Felonious As…
FEB132025_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 13, 2025
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The Director did not make a determination as to whether the Petitioner qualifies for the underlying EB-2 immigrant classification as an individual ofexceptional ability3, but concluded that the Petitioner did not establish eligibility for the requested national interest waiver. Nevertheless, because we agree that the Petitioner is not eligible for a nationa…
FEB132025_16B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 13, 2025
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The Director found that the Petitioner qualifies as a member of the professions holding an advanced degree. 2 The sole issue to be determined is whether the Petitioner has established that a waiver of the requirement of a job offer, and thus a labor certification, would be in the national interest. At the time of filin , the Petitioner was workin as a gradu…
FEB102025_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 10, 2025
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The Applicant was approved for U nonimmigrant status from June 29, 2017, until June 28, 2021. While in U nonimmigrant status, the Applicant was arrested for felony criminal sexual conduct with a victim between 16 and 17 years old and pled guilty to criminal sexual conduct. In May 2021, the Applicant filed his U adjustment application. During the pendency of…
FEB102025_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 10, 2025
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The Petitioner, a native and citizen of Mexico , entered the United States without inspection in 1990. The Petitioner married S-T-R-1 an LPR inl 11987 and filed her VAWA petition in August 1 We use initials to protect individual identities.
I
2021 claiming to have resided with her LPR spouse, from I 11987 tol I 2019, when S-T-R-died. In denying the VA WA p…
FEB102025_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 10, 2025
—
The Petitioner filed his SIJ petition in August 2023, and after receiving the Petitioner's response to a notice of intent to deny, the Director denied the SIJ petition in December 2023. The Petitioner filed his appeal in January 2024. In May 2024, we summarily dismissed the Petitioner's appeal because "it did not identify specifically any erroneous conclusi…
FEB102025_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 10, 2025
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A. Relevant Facts and Procedural History The Petitioner filed the instant U petition in March 2016 with a Supplement B regarding a __ 2007 incident certified by the Chief of Police for thel IConnecticut Police Department. In Part 3.1 of the Supplement B, for criminal acts, the certifying official checked the box for felonious assault. In Part 3.3, when prom…
FEB102025_01D3101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 10, 2025
—
The issue before us is whether the Director properly revoked the approval of the petition under the provisions at 8 C.F.R. § 214.2(h)(l l)(iii)(A). For the reasons discussed below, we conclude that the approval was properly revoked under 8 C.F.R. § 214.2(h)(l l)(iii)(A)(2) because the statement offacts contained in the petition was not true and correct. The…
FEB102025_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 10, 2025
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The issue on appeal is whether the Applicant has demonstrated that his U.S. citizen father was physically present in the United States for five years before I 2006 and at least two of those years were after his 14th birthday in 1989. The Director determined that the evidence, including the father's affidavit, the social security earning statements of the fa…
FEB102025_01M1244
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 10, 2025
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The issue on appeal is whether the Applicant is inadmissible as a result of making a false claim to U.S. citizenship. Upon review of the record as supplemented on appeal, for reasons explained below, we conclude that she is not inadmissible under section 212(a)(6)(C)(ii) of the Act. Records reflect that on April 27, 2001, the Applicant sought entry into the…
FEB102025_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 10, 2025
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A. Substantial Merit and National Importance The first prong, substantial merit and national importance, focuses on the specific endeavor that the individual proposes to undertake. The endeavor's merit may be demonstrated in a range of areas such as business, entrepreneurialism, science, technology, culture, health, or education. In determining whether the…
FEB102025_02B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 10, 2025
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The Petitioner is a citizen of Nigeria who entered the United States in August 2017. The Petitioner married T-J-, a U.S. citizen, inl 12017. The Petitioner filed her Form I-360 petition in 2021 based on her marriage to T-J-. On the Form I-360, the Petitioner stated that she had been married two times and submitted documentation of her divorce from her prior…
FEB102025_02D3101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 10, 2025
—
The issue before us is whether the Director properly revoked the approval of the petition under the provisions at 8 C.F.R. § 214.2(h)(l l)(iii)(A). For the reasons discussed below, we conclude that the approval was properly revoked under 8 C.F.R. § 214.2(h)(l l)(iii)(A)(2) because the statement offacts contained in the petition was not true and correct. The…