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MAR062024_02H2212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 06, 2024
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The Applicant does not contest the finding of inadmissibility for his conviction of a CIMT, which is established in the record. The relevant issue on appeal is whether the Applicant has established extreme hardship to his spouse and children, as required to qualify for a waiver of inadmissibility under section 212(h) of the Act and, if so, whether he merits…
MAR062024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 06, 2024
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We will first address the threshold requirement that the Petitioner must qualify for classification under Section 203(b )(2)(B)(i) of the Act, as a member of the professions holding an advanced degree as the Director did not make a specific finding on this issue. Upon de novo review, we conclude that the Petitioner qualifies as a member of the professions h…
MAR062024_03D14101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 06, 2024
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A. Relevant Background and Procedural History The Petitioner filed her U petition in September 2017 based on criminal activity that occurred in I 12017. In the underlying record, the Petitioner submitted a Supplement B, which was certified in July 2017 by the 1 1 County Attorney. The Director issued a request for evidence (RFE), which explained, in relevant…
MAR052024_01B3203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 05, 2024
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In denying the petition, the Director concluded that the Petitioner had not established its ability to pay the Beneficiary's proffered wage of $65,000 per year. The priority date for this petition is June 20, 2023. In determining a petitioner's ability to pay, we examine whether it paid the beneficiary the full proffered wage at the time the priority date w…
MAR052024_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 05, 2024
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The Petitioner admits entering the United States without authorization in 2009. In denying the U petition, the Director concluded that the Petitioner was inadmissible under section 212(a)(6)(A)(i) for being present in the United States without being admitted or paroled, and his waiver application seeking to waive the grounds of inadmissibility had been deni…
MAR052024_01H2212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 05, 2024
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The record reflects that the Applicant was convicted of Conspiracy to Commit Fraud in Connection with Access Devices and Conspiracy to Commit Passport Fraud in Texas in violation of 18 U.S.C. §§ 371 and 1542, and he was therefore found inadmissible under section 212(a)(2)(A)(i) of the Act as these crimes involve moral turpitude. The Director denied the Appl…
MAR052024_02A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 05, 2024
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In our prior decision, incorporated here by reference, we reviewed the mitigating factors and weighed them against the positive factors in the record. We acknowledged the Applicant's brief: the information regarding the Applicant's daughter's medical condition, a letter from K-A- 1 regarding the Applicant's substance abuse therapy, a letter from L-A-P- rega…
MAR052024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 05, 2024
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The Petitioner is an electrical engineer who proposes to continue working in this field, working for a company providing services such as energy audits, alternative energy sources and consulting regarding energy efficiency in homes and businesses. In his decision, the Director determined that the Petitioner is eligible for the underlying EB-2 immigrant clas…
MAR052024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 05, 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…
MAR042024_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 04, 2024
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In our prior decision, incorporated here by reference, we reviewed the evidence in the record regarding the Applicant's five juvenile offenses. The Director had issued a request for evidence (RFE) requesting that the Applicant submit the related arrest reports and court documents regarding the conviction status ofeach ofher offenses. After the Applicant did…
MAR042024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 04, 2024
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The Petitioner is a mechanical engineer whose research and work has focused on application of the finite element method (FEM), an engineering computational tool. He intends to continue his work in the United States.
A. Evidentiary Criteria
Because
the Petitioner has not indicated or shown that he received a major, internationally recognized award, he must…
MAR042024_01B3203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 04, 2024
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The Beneficiary earned both a bachelor's degree (2005) and a master's degree (2007) in Sociology from.____-===---------' in Armenia. She served as a lecturer in the Department of Sociology at~from 2009 until 2023. 3 The Beneficiary is presently a Ph.D. student and graduate teaching assistant at the petitioning university.
A. Evidentiary Criteria
The Direct…
MAR042024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 04, 2024
—
The Petitioner has not asserted that she is a member of the professions holding an advance degree, nor does the record contain evidence that the Petitioner previously earned a U.S. baccalaureate degree or its foreign equivalent. Further, she has not established that she meets the definition of a professional. See 8 C.F.R. § 204.5(k)(2) ( defining a "profess…
MAR042024_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 04, 2024
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A. Relevant Evidence and Procedural History The Petitioner filed her Form I-918 in 2014, along with a Supplement B signed and certified by a lieutenant in the I IPolice Department ( certifying official) in I I California, based on criminal activity that occurred in 2010. In response to Part 3 .1 of the Supplement B, which provides check boxes for the 28 qua…
MAR042024_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 04, 2024
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The Applicant entered the United States without inspection on December 4, 2011, was placed in removal proceedings, and was ordered removed onl 12017, after her asylum case was denied by an immigration judge. The Board of Immigration Appeals dismissed the Applicant's appeal on August 29, 2017, denied a motion to reconsider on January 31, 2018, and denied a m…
MAR042024_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 04, 2024
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A. The Petitioner
The record shows that a university in the Petitioner's home country of Russia awarded him a dip/om magistra in engineering. His major fields of study consisted of aviation instruments, and computing and measurement complexes. He then worked in the information technology (IT) field for about six years, developing industrial and financial so…
MAR042024_03B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 04, 2024
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The Petitioner intends to permanently employ the Beneficiary in the position of high school science teacher. It states that the Beneficiary "has risen to the very top of his field of endeavor and is among the 'most-skilled, highest-paid' professionals in the industry." The Petitioner initially claimed that the Beneficiary won a major, internationally recogn…
MAR012024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 01, 2024
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Because the Petitioner has not indicated or established that 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). Before the Director, the Petitioner claimed he met three ofthe regulatory criteria. The Director decided that the Petitioner satisfied tw…
MAR012024_01B7203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 01, 2024
—
In this case, the Petitioner claims to have invested at least $500,000 in the NCE. According to pages 4 and 5 of the Janua 2017 business Ian, the NCE seeks to solicit funds from noncitizen investors to lend to to develop, construct, and operate ._________ __. a three-tower mixed-use project in~--~ New York. The Petitioner explained in a March 2017 letter fr…
MAR012024_01C1101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 01, 2024
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The Beneficiary entered the United States in B-1 status on July 10, 2022. The Petitioner filed a petition to change status to R-1 on October 18, 2022, and the R-1 petition was subsequently approved valid from December 15, 2022, to May 30, 2025. On January 25, 2023, the Petitioner filed the instant petition to obtain the special immigrant religious worker cl…
MAR012024_01C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 01, 2024
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lnl I2021, when the Petitioner was 18 years old, the Juvenile and Domestic Relations District Court,I !Virginia (court) issued acustody order (SIJ order), awarding legal and physical custody of the Petitioner to P-D-.2 The court found that the Petitioner was within the jurisdiction of the court. The SIJ order provided that reunification with the Petitioner'…
MAR012024_01D14101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 01, 2024
—
The record reflects that the Petitioner entered the United States without inspection in 1995. In December 2005, the Petitioner was granted Temporary Protected Status (TPS)1 as well as prior authorization to travel abroad temporarily on the basis of being a TPS beneficiary from January 5, 1 The Petitioner has continuously held TPS since it was granted.
2005…
MAR012024_01D7101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 01, 2024
—
A petitioner must submit evidence that the beneficiary has at least one continuous year of full-time employment abroad with a qualifying organization within the three years preceding the filing of the petition. 8 C.F.R. § 214.2(1)(3)(iii). Brief trips to the United States for business or pleasure shall not
interrupt the one year ofcontinuous employment abr…
MAR012024_01E2309
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 01, 2024
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On his Form N-600, filed in April 2022, the Applicant stated that his father is a U.S. citizen named M-A-, his mother is named S-M-A- and that his parents married in 2010, after the Applicant's birth in 2006. He also stated that his mother is an Egyptian national, currently residing in Egypt, and provided an address inc::Jfor her. His Egyptian birth certifi…
MAR012024_02B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Mar 01, 2024
—
Because the Petitioner has not indicated or established that 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). Before the Director, the Petitioner claimed he met the following six categories: • (ii), Membership in associations that require outstand…