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FEB052024_02E2309
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 05, 2024
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The record reflects that the Applicant was born in Argentina in 2019 and his parents were not married. The Applicant's mother was born in the United States in 1995. The Applicant has established that his U.S. citizen grandparent has the required physical presence in the United States, that he is under the age of 18 and that he was born abroad. The sole grou…
FEB052024_03B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 05, 2024
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The record shows that the Petitioner, a Nepali native and citizen, earned a bachelor's degree in veterinary science and animal husbandry in his home country in 2016 and a master's degree in animal nutrition in the United Kingdom in 2019. He began his research career while an undergraduate. Peerreviewed journals published his papers on detecting and controll…
FEB052024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 05, 2024
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A. EB-2 Classification
The Director's decision is silent as to whether the Petitioner qualifies as a member of the professions holding an advanced degree. However, a review of her education and work history credentials establishes that she qualifies for EB-2 classification as a member of the professions holding an advanced degree. 3 B. Substantial Merit and…
FEB022024_01B6203
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 02, 2024
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A. Procedural History
The labor certification in this case was filed on March 17, 2006 for the offered position of "Manager Janitorial Services." The job duties of the offered position as stated on the labor certification are: Supervision of workers to ensure clean, orderly and attractive rooms at hospitals, educational institutions and similar establishmen…
FEB022024_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 02, 2024
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The Petitioner, a citizen and national of Nigeria, last entered the United States in April 2017 on a B2 visa. She married J-R-M-, 1 a U.S. citizen, inO2017 and filed her VAWA petition in March 2021 based on claimed abuse in that marriage. The Petitioner had previously been married to E-F-A- in Nigeria but claims the marriage was terminated inl 12017. The Di…
FEB022024_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 02, 2024
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In 2022 when the Petitioner was 17 years old, the~--------------~ in and for~------~' Florida (Circuit Court) issued an Order on Petition for Temporary Custody by Extended Family (custody order), appointing the Petitioner's aunt as his sole custodian in the United States. Based on the custody order, the Petitioner filed his SIJ petition in December 2022. Af…
FEB022024_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 02, 2024
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The Director concluded that the Applicant was inadmissible under section 212(a)(2)(A)(i)(I) of the Act for having been convicted of a crime involving moral turpitude because he was convicted of attempting to use violence or intimidation against a public official in Cuba. The Director also concluded that the Applicant was inadmissible under section 212(a)(6)…
FEB022024_01H5212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 02, 2024
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The Director concluded that the Applicant was inadmissible under section 212(a)(2)(A)(i)(I) of the Act for having been convicted of a crime involving moral turpitude because he was convicted of attempting to use violence or intimidation against a public official in Cuba. The Director also concluded that the Applicant was inadmissible under section 212(a)(6)…
FEB012024_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 01, 2024
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The Applicant, a citizen of Mexico, was granted U nonimmigrant status in April 2018. The Applicant filed the Form 1-485, Application to Register Permanent Residence or Adjust Status (U adjustment application) in March 2022. The Director denied the application, determining that the Applicant had not demonstrated that his adjustment of status to that of an LP…
FEB012024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 01, 2024
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The Director determined that the Petitioner qualifies as a member of the professions with a bachelor's degree and progressive post-baccalaureate experience equivalent to a master's degree under 8 C.F.R. § 204.5(k)(2). The remaining issue to be determined is whether the Petitioner has established that a waiver of the requirement of a job offer, and thus a la…
FEB012024_01F1101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 01, 2024
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A. Relevant Factual and Procedural History The Petitioner filed her initial orphan petition in February 2020. In her petition, the Petitioner claimed that O-G-, 1 a native and resident oflmo State, traveled to Anambra State, gave birth to the Beneficiary, and surrendered him at the (orphanage) five days later. She further claimed that she received the Benef…
FEB012024_01H2212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 01, 2024
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Onl L2005, the Applicant was convicted under Florida Statutes (Fla. Stat.) § 893.13(6)(b) for Possession of Cannabis - Less than 20 Grams. On appeal, the Applicant now contends that he is not inadmissible for a controlled substance offence under section 212(a)(2)(A)(i)(II) of the Act based on a change in caselaw; and consequently, he does not need a 212(h)…
FEB012024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 01, 2024
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The Director determined that the Petitioner qualifies for the underlying EB-2 classification as member of the professions holding an advanced degree and the record supports that determination. Therefore, the remaining issue is whether the Petitioner has established eligibility for a national interest waiver under the Dhanasar framework. The Director determi…
FEB012024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 01, 2024
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The Director found that the Petitioner qualifies as 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. Under the Dhanasar's first prong, the Director concluded that the Petitioner had not sufficiently established the s…
FEB012024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 01, 2024
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The Petitioner claimed eligibility for the EB-2 classification as both a member of the professions holding an advanced degree and as an individual of exceptional ability. The Director did not conclude whether the Petitioner established her eligibility for the underlying classification in their decision. We will therefore first analyze the Petitioner's eligi…
JAN312024_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 31, 2024
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The Applicant, a citizen of Mexico, was granted U nonimmigrant status in October 2015. The Applicant filed the U adjustment application in November 2018. The Director denied the application, determining that the Applicant had not demonstrated that her adjustment of status to that of an LPR was justified on humanitarian grounds, to ensure family unity, or wa…
JAN312024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 31, 2024
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Because the Petitioner has not indicated or established her receipt of a major, internationally recognized award, she must satisfy at least three of the alternate regulatory criteria at 8 C.F.R. § 204.5(h)(3)(i)-(x). In denying the petition, the Director determined the Petitioner did not fulfill any of them. On appeal, the Petitioner maintains she meets fiv…
JAN312024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 31, 2024
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The Director concluded that the Petitioner qualifies as an individual of exceptional ability. 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 merit and national…
JAN312024_01C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 31, 2024
—
A. Relevant Facts and Procedural History In~2022, when the Petitioner was 17 years old, the. _________________ ___, in and for I I (Court), in Florida, issued an order titled AMENDED FINAL JUDGMENT AND BEST INTEREST ORDER 1 (SIJ order), determining among other findings necessary for SIJ eligibility under section 101(a)(27)(J) of the Act, that ". . . the Min…
JAN312024_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 31, 2024
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The Applicant is seeking a Certificate of Citizenship indicating that she derived U.S. citizenship from her U.S. citizen father. The Applicant was born in Panama inl I1986, to unmarried foreign national parents. The Applicant's birth certificate showed that the Applicant had been legitimated by her father inl I2000, in Panama. The Applicant was admitted to…
JAN312024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 31, 2024
—
The Director found that the Petitioner did not establish that he is an individual of exceptional ability, and as such did not demonstrate that he qualifies for the EB-2 classification.3 The Director farther found that the Petitioner did not demonstrate eligibility under any of the three required prongs of the Dhanasar framework and therefore concluded that…
JAN312024_02C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 31, 2024
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InD 2022, the~-----------------' Florida (juvenile court) issued a"Custody and Best Interest Order" ( custody order), appointing the Petitioner's brother as his custodian. In addition to the custody order, the Petitioner submitted a copy of the juvenile court docket for this case, as well as a copy ofthe underlying custody petition and his birth certificate…
JAN312024_03A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 31, 2024
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The Applicant, a citizen of Mexico, was granted U nonimmigrant status from October 1, 2015, to September 30, 2019. She filed the instant U adjustment application on February 15, 2022. 1 The Director therefore concluded that the Applicant did not continue to hold U nonimmigrant status at the time she filed her U adjustment application and, accordingly, could…
JAN312024_04E2309
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 31, 2024
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There is no dispute that the Applicant is currently under the age of 18 years, her father was a U.S. citizen by birth, and that her paternal grandmother is a U.S. citizen. The issue on appeal is whether the Applicant has established that she is residing outside ofthe United States, as required under section 322(a)(4) of the Act. We have reviewed the entire…
JAN302024_01B4203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 30, 2024
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Any petition filed for an employment-based immigrant, which requires an offer of employment must be accompanied by evidence that the prospective United States employer has the ability to pay the proffered wage. The petitioner must demonstrate this ability at the time the priority date is established and continuing until the beneficiary obtains lawful perman…