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APR082024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 08, 2024
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When we dismissed the Petitioner's appeal, we laid out his statements regarding his proposed endeavor asserted in both the initial filing and in response to the Director's request for evidence, and we incorporate them here by reference.
The Director determined the Petitioner made a material change to his claims relating to his proposed endeavor, which prec…
APR082024_02E2309
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 08, 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 Iraq inl 12010, to married foreign national parents and his mother became a U.S. citizen through naturalization in April 2022. The Applicant was admitted to the United States as a refugee in November 2016…
APR082024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 08, 2024
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A. Regulatory Criteria for Exceptional Ability On appeal, the Petitioner asserts that he fits "the determinations and criteria ofthe Exceptional Ability" as a "[p]]rofessional with a specialized higher education course for the position of General Manager of Operations and Entrepreneur, classified as Exceptional Ability to work in the USA in the area of tech…
APR082024_03E2309
Dismissed
v3_no_parsed_rules_gpt52: Accepted
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 08, 2024
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A. Section 309(c) of the Act Conditions To establish acquisition of U.S. citizenship through a U.S. citizen mother as a child born out of wedlock under section 309( c) of the Act, the Applicant must show that, at the time of her birth in I 12003, her mother: (1) was a U.S. citizen; (2) was not married; and (3) had been physically present in the United State…
APR082024_04A6245
Remanded
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 08, 2024
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The Applicant submitted a vaccination form concurrently with her adjustment application. The civil surgeon completing the vaccination form noted that all required vaccinations had been completed in either 2019 or 2020, with the exception of the COVID-19 vaccine. The civil surgeon noted that the Applicant presented a "letter from a religious institution" and…
APR082024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 08, 2024
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A. EB-2 Classification
The record supports the Director's conclusion that the Petitioner established her eligibility for EB-2 classification as an advanced degree professional under 8 C.F.R. § 204.5(k)(2). As such, the only remaining issue is whether the Petitioner's endeavor meets the Dhanasar framework for a discretionary national interest waiver. B. Subs…
APR082024_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 08, 2024
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The Director determined that the Petitioner was a member of the professions holding an advanced degree. 2 The remaining issue to be determined is whether the Petitioner qualifies for a national interest waiver under the Dhanasar framework. The Petitioner states that he has more than 40 years of commercial flight experience. He is currently employed with an…
APR082024_07B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 08, 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 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, focuses on the…
APR052024_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 05, 2024
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In this case, the Petitioner claims to have invested at least $500,000 in the NCE. According to pages 5 through 7 ofthe August 2015 business plan, the NCE seeks to solicit funds from noncitizen investors to lend to __________ to renovate a hotel and to construct a mixed-use tower with commercial and residential units and a parking facility inl IIllinois. 5…
APR052024_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 05, 2024
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The
Petitioner, a citizen ofNigeria, last entered the United States in December 2016 with a B-2 visitor visa. Inl 12019, the Petitioner married J-M-T-, 1 a U.S. citizen. The Petitioner filed the current VA WA petition in July 2021 based on his marriage to J-M-T-. The record establishes that the Petitioner was married twice before. His first marriage was to…
APR052024_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 05, 2024
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The Applicant is a citizen and national of Iran who entered the United States as a visitor in 1994 and has not departed. The Applicant applied for adjustment of status as the married son or daughter of a U.S. citizen. The Director determined that the Applicant had been convicted of a crime involving moral turpitude and required a waiver ofinadmissibility un…
APR052024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 05, 2024
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The record shows that the Petitioner qualifies as a member of the professions holding an advanced degree. Specifically, on appeal, the Petitioner states that he is "a professional with an advanced degree in finance and international business" and offers evidence in support of this claim. The remaining issue to be determined is whether he has established tha…
APR052024_02B7203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 05, 2024
—
In this case, the Petitioner claims to have invested at least $500,000 in the NCE. According to pages 7 and 8 of the May 2016 business plan, the NCE seeks to solicit u to $110 million from noncitizen investors to lend to and to construct "two upscale mixed-use buildings in area" in New Jersey. The Petitioner indicates that his mother gifted him his EB-5 inv…
APR052024_02H2212
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 05, 2024
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The Director determined that the Applicant is inadmissible under section 212(a)(2)(A)(i)(I) of the Act because he was convicted of third-degree assault under C.R.S. section 18-3-204, a CIMT. The maximum penalty for this crime is 24 months incarceration and the record indicates the crime was related to domestic violence. 1 An immigration judge denied the App…
APR052024_02H5212
Remanded
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 05, 2024
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The Director found the Applicant to be inadmissible under section 212(a)(6)(C)(i) of the Act, a determination that is supported by the record. The record indicates that in July 2000, the Applicant was inspected and admitted into the United States using a fraudulent passport bearing the name F-Z. 1 During the Applicant's adjustment of status interview, she…
APR052024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 05, 2024
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The Director determined that the Petitioner qualifies as a member of the professions holding an advanced degree. The remaining issue to be determined is whether he has established that 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 that the Petition…
APR052024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 05, 2024
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On the appellate Form I-290B, the form contains an image of a signature under Part 6.a in the Petitioner's Signature block. We conclude that this is an image of a signature and not an original signature due to multiple factors. First, the Petitioner's signatures on the appellate forms (Form I-290B and the Form G-28) are identical and indistinguishable, to i…
APR042024_01A6245
Remanded
v3_no_parsed_rules_gpt52: Accepted
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 04, 2024
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The record reflects that the Applicant, a native and citizen of Honduras, was granted U-1 nonimmigrant status from May 201 7 until May 2021, and timely filed her U adjustment application in April 2021. The Director issued a request for evidence (RFE) asking for, among other items, a Honduran birth certificate for the Applicant in the form of a Copia de Foli…
APR042024_01C10204
Accepted
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 04, 2024
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The Petitioner filed his Form I-360, Petition for Amerasian, Widow( er), or Special Immigrant (VA WA petition) in October 2020, asserting that he was the abused parent ofhis United States citizen daughter, S-R-C-1. Following a review of the initial evidence, and the response to a request for evidence (RFE), the Director denied the VA WA petition and conclud…
APR042024_01F1101
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 04, 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 March 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 in…
APR042024_01M1244
Dismissed
v3_no_parsed_rules_gpt52: Accepted
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 04, 2024
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The Applicant does not dispute that the offense in question is a felony or that his initial guilty plea and punishment was a conviction. The issue on appeal is whether the vacatur of this conviction results in his no longer having a felony conviction for immigration purposes.
The record indicates the following criminal history in regard to the Applicant's…
APR042024_02B5203
Remanded
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 04, 2024
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The Petitioner proposed to continue their research on transportation safety, transportation mobility, and urban transportation planning to identify and analyze transportation safety and traffic congestion factors to improve transportation systems, primarily with emphasis on the shipping industry. The first prong of the Dhanasar analytical framework, concern…
APR042024_04E2309
Remanded
v3_no_parsed_rules_gpt52: Accepted
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 04, 2024
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The Applicant represented on her Form N-600 that her parents were divorced, that she and her father were residing at the same address in Georgia, and that she entered the United States in 2016 and has not departed since. She submitted a copy ofthe divorce decree issued by a customary court in Nigeria. This document indicates that the Applicant's father was…
APR042024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Accepted
Apr 04, 2024
—
The Director determined that the Petitioner was a member of the professions holding an advanced degree. 2 The remaining issue to be determined is whether the Petitioner qualifies for a national interest waiver under the Dhanasar framework. The Petitioner states that she is a "systems engineering professional with more than 14 years of experience in informat…
APR032024_01B2203
Remanded
v3_no_parsed_rules_gpt52: Dismissed
v3_no_parsed_rules_gpt5mini_med: Dismissed
Apr 03, 2024
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The Petitioner is a videographer who has worked on camera crews for many productions, including for a major motion picture and for television and streaming series with a major production company. The Petitioner is a graduate of a directing program at I Iand intends to continue her work in the United States in the field of television and film production. As…