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FEB212024_01B3203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 21, 2024
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Before denying the petition, the Director issued a request for evidence (RFE) asking the Petitioner for documentation establishing that the Beneficiary has at least three years of teaching or research experience in the academic field, that she received a qualifying offer of employment, and that the Petitioner employs at least three persons full-time in rese…
FEB212024_01C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 21, 2024
—
The Director denied the SIJ petition, finding that USCIS 's consent to the granting of SIJ classification was not warranted. The Director noted that the provided court order did not provide a sufficient factual basis to demonstrate why reunification with one or both parents was not viable, or why it was not in the Petitioner's best interest to return to El…
FEB212024_01F3101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 21, 2024
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The Beneficiary, a native and citizen of the Philippines, was born! I2005. The Petitioner filed a Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country (suitability application). USCIS received the suitability application on October 19, 2021, and approved it on March 24, 2022. In the approval notice, the Direct…
FEB212024_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 21, 2024
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The issue on appeal is whether the Applicant is eligible for a waiver due to her inadmissibility for a controlled substance violation. The record establishes that in 2001, the Applicant pleaded guilty to felony possession of marijuana with the intent to distribute, in violation of section 16-13-300) of the Georgia Code Annotated (Ga. Code Ann.). She was sen…
FEB212024_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 21, 2024
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The
Petitioner is a martial artist who specializes in judo wrestling. She intends to continue her athletic career in the United States and eventually coach national teams competing in worldwide competitions, such as the Olympics. Because the Petitioner has not indicated or established that she received a major, internationally recognized award, she is requi…
FEB212024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 21, 2024
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A. The Petitioner
The record shows that the Petitioner, a Chinese native and citizen, earned a bachelor of law degree in her home country. She worked as a math teacher at a Chinese elementary school for about 16 years. She has authored scholarly articles about math education and received numerous awards for her articles, lesson planning, and teaching method…
FEB202024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 20, 2024
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The Petitioner characterizes his claimed abilities as a life coach, motivational leader, and business and organizational advisor. Within the appeal, it appears the Petitioner has resubmitted the documentary evidence that was already part of the record before the Director, and essentially presents the same arguments as those within the previous proceeding. W…
FEB202024_01B6203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 20, 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 Comrn'r 1977); Matter ofKatigbak, 14 l&N Dec. 45, 49 (Reg'l Comrn'r 1971…
FEB202024_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 20, 2024
—
A. Relevant Procedural History and Background The Petitioner is a citizen of Nigeria who entered the United States on a student visa in August 2016. He married his U.S. citizen spouse in I 12016. The Petitioner's spouse filed a Form 1-130, Petition for Alien Relative (family petition), in August 2017 and they were scheduled for an interview in July 2018. At…
FEB202024_01D13101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 20, 2024
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The Petitioner filed the instant petition for a change of employer and extension of status to employ the Beneficiary as a Sikh priest. The initial petition included a letter dated March 20, 2023, written by the signatory and president of the petitioning organization. In this letter, the Petitioner explained that the Sikh religion's requirements to become a…
FEB202024_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 20, 2024
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The Applicant is currently in the United States and seeks permission to reapply for admission pursuant to the regulation at 8 C.F.R. § 212.2(i) before departing the United States. He indicated that he was filing Form 1-212 in order to seek permanent resident status. Evidence in the record indicates that the Applicant entered the United States without inspec…
FEB202024_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 20, 2024
—
The issues on appeal are whether the record establishes that the Applicant is inadmissible for fraud or misrepresentation and if so, whether the Applicant is eligible for a waiver of inadmissibility under section 212(i) of the Act.
A. Inadmissibility
As stated above, the Applicant has been found inadmissible for fraud or misrepresentation, specifically the…
FEB202024_02B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 20, 2024
—
A. Petitioner's Signature
The regulation at 8 C.F.R. § 103.2(a)(2) provides that"[u]nless otherwise specified in this chapter, an acceptable signature on a benefit request that is being filed with the USCIS [U.S. Citizenship and Immigration Services] is one that is either handwritten or, for benefit request filed electronically as permitted by the instructi…
FEB202024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 20, 2024
—
The Director concluded that the Petitioner qualifies as a member of the professions holding an advanced degree. Accordingly, 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 first prong, substantial…
FEB202024_02D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 20, 2024
—
The Petitioner filed her U ~etition in April 2017 with a Supplement B signed and certified in November 2016 by a sergeant in thel I(certifying official) pertaining to an event that took place onl I2014. In Part 3.1 of the Supplement B, the certifying official indicated the Petitioner was the victim of criminal activity involving or similar to Felonious Assa…
FEB202024_03B2203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 20, 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 seven of the regulatory criteria. The Director decided the Petitioner satisfied two of…
FEB202024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 20, 2024
—
The Petitioner proposes to work as a business coach through his own company, based in Florida. The Petitioner states that he will provide tailored business coaching services and will offer his expertise and guidance to individuals and organizations seeking to enhance their sales, marketing, and overall business development strategies. The Director found tha…
FEB202024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 20, 2024
—
The Petitioner is an industrial engineer focusing in the area of lean production. He earned a master of science degree in industrial engineering from I Iin 2017, and has worked as an industrial engineer since. As he is eligible for the EB-2 classification as a member of the professions holding an advanced degree, the sole issue on appeal is whether he merit…
FEB162024_01B4203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 16, 2024
—
The issue in this matter is whether the Director properly revoked the approval of the petition. The Director revoked the approval on notice after finding the Petitioner and Beneficiary ineligible for the requested classification on multiple grounds, and further entered a finding of fraud or willful misrepresentation of a material fact. In the notice of revo…
FEB162024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 16, 2024
—
In his native Brazil, the Petitioner worked as a sector manager for a manufacturer of automobile parts from 2008 to 2013, and then as a customer service supervisor for a farm machinery dealer from 2013 to 2015. The Petitioner has been in the United States since he entered in June 2016 as a B-2 nonimmigrant visitor. The Petitioner initially stated that, sinc…
FEB162024_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 16, 2024
—
l!lC72013, when the Petitioner was nine years old, the State of Louisiana,~-------~ ~sued a Final Decree ofAdoption. The decree indicated that the court evaluated the information from the Louisiana Department of Children and Family Services and considered the Petitioner dependent on the jurisdiction ofthe court and placed her into the custody of her mother…
FEB162024_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 16, 2024
—
The record reflects that the Applicant, a native oflran and citizen of the United Kingdom, entered the United States in 1994 under the Visa Waiver Program. He was placed in removal proceedings in 2002, an Immigration Judge denied his asylum application in 2012 and issued an order ofremoval, and the Board of Immigration Appeals dismissed his subsequent appea…
FEB162024_02E2309
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 16, 2024
—
A. Relevant Facts and Procedural History The relevant facts are undisputed. The Applicant was born in the Dominican Republic in ~I--~ 1982 to noncitizen parents who were never married to each other. In 1989, at the age of seven years, he was admitted to the United States as a lawful permanent resident child of his mother (P-22) based on an approved Form 1-1…
FEB162024_03E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 16, 2024
—
In this case, the Applicant claims to have established eligibility to derive citizenship solely through his mother pursuant to the first clause of former section 321(a)(3) of the Act, which provides that a child may derive citizenship through the naturalization of the parent having legal custody of the child when there has been a legal separation of the par…
FEB162024_03H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 16, 2024
—
The Applicant was found to be inadmissible under section 212(a)(2)(A)(i) of the Act for being convicted of a crime involving moral turpitude. In 2022, the Applicant was convicted of Sex Offense Third Degree in violation of section 3.307 ofthe Maryland Criminal Law Code (Md. Code Ann.), was sentenced to 10 years imprisonment suspended except for 10 months, r…