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JAN302024_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 30, 2024
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The Petitioner, a citizen and national of Nigeria, entered the United States in February 2018 on a Bl/B2 nonimmigrant visa. She married J-R-, 1 a U.S. citizen, inl 12018 and filed her VAWA petition in August 2019 based on a claim of abuse in that marriage. The Petitioner had previously been married in Nigeria to O-M-I- but claims the marriage was terminated…
JAN302024_01C6101
Accepted
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 30, 2024
—
Inl l2022, the~--------~in New York (juvenile court) appointed guardianship of the Petitioner to his uncle. In a separate "Special Immigrant Juvenile Findings" order (SIJ order), the juvenile court found the Petitioner to be unmarried and under the age of 21. The SIJ order made additional findings regarding neglect and abandonment by the Petitioner's parent…
JAN302024_01D13101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 30, 2024
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The sole issue on appeal is whether the Petitioner's position oftechnical director qualifies as a religious occupation. After issuing both a request for evidence (RFE) and notice of intent to deny (NOID), the Director concluded that the evidence of record did not show that the Beneficiary would be primarily involved in inculcating or carrying out the religi…
JAN302024_01D7101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 30, 2024
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The primary issue in this matter is whether the Petitioner established that the Beneficiary possesses specialized knowledge and whether the Beneficiary has been employed abroad and will be employed in the United States, in a specialized knowledge capacity. As a threshold issue, we must determine whether the Petitioner established that the Beneficiary posses…
JAN302024_01E2309
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 30, 2024
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As discussed, the Director found that the Applicant had not established she acquired citizenship through her U.S. citizen father as she did not show that her father satisfied the requisite U.S. physical presence conditions. To satisfy former section 30l(a)(7) of the Act U.S. physical presence conditions, the Applicant must establish that her father was h si…
JAN302024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 30, 2024
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The Director determined that the Petitioner qualifies as a member of the professions holding an advanced degree. The issue before us 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 worked in various occupational health and s…
JAN302024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 30, 2024
—
The Director observed that the Petitioner was eligible for EB-2 classification as an individual who is a member of the professions holding an advanced degree. But the Director ultimately concluded that the Petitioner's substantially meritorious 1 proposed endeavor did not rise to a level of national importance as required by the first prong of Dhanasar. The…
JAN302024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 30, 2024
—
As stated above, in order to be eligible for a national interest waiver, a petitioner must first establish that they are eligible for the EB-2 classification, either as a member of the professions holding an advanced degree or as an individual of exceptional ability. Here the Petitioner asserts that he qualifies as an individual of exceptional ability. The…
JAN302024_05B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 30, 2024
—
A. EB-2 Classification
The Director did not determine if the Petitioner met the underlying EB-2 classification. However, the record demonstrates that the Petitioner's foreign degrees are equivalent to U.S. bachelor's degrees in agricultural engineering and civil engineering2 and that he possesses more than five years of progressive experience in project man…
JAN302024_06B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 30, 2024
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The Petitioner's pjoposld endeavor is to use his U.S. based company, I I formed i 2018, to develop affordable real estate for low in~c-om_e_A_m_e_n__c_a_n_s_-H_i_s-ro-l~e as partner and general and operations manager will be to plan, execute, supervise, and coordinate construction projects in the affordable housing sector. He endeavors to use hislprofesyona…
JAN292024_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 29, 2024
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The Petitioner seeks to work as a camera operator in the United States. The Director concluded that the Petitioner submitted sufficient documentation to meet four of the ten initial evidentiary criteria 1 and proceeded to a final merits analysis, determining that the overall record did not establish the Petitioner's sustained record of national acclaim or t…
JAN292024_01B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 29, 2024
—
To satisfy the Dhanasar analytical framework's first prong, the Petitioner must demonstrate that their proposed endeavor has both substantial merit and national importance. This prong 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,…
JAN292024_01H2212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 29, 2024
—
The Applicant, a citizen of Jamaica, does not contest the finding of inadmissibility for misrepresentation of material facts and for having committed acrime involving moral turpitude, which is established in the record. 1 The relevant issue on appeal is whether the Applicant has established extreme hardship to his spouse, as required to qualify for a waiver…
JAN292024_01H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 29, 2024
—
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(j) before departing the United States. 1 The record indicates that the Applicant will become inadmissible upon departing the United States under section 212(a)(9)(A)(i) of the Act. The record reflects that the Applican…
JAN292024_01H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 29, 2024
—
The Applicant, a citizen of Jamaica, does not contest the finding of inadmissibility for misrepresentation of material facts and for having committed acrime involving moral turpitude, which is established in the record. 1 The relevant issue on appeal is whether the Applicant has established extreme hardship to his spouse, as required to qualify for a waiver…
JAN292024_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 29, 2024
—
A. Well-Positioned To Advance The Proposed Endeavor
Our authority over users service centers, the office that adjudicated the immigrant petition, is comparable to the relationship between a court of appeals and a district court. So based on a de novo review we will adopt and affirm the Director's decision that the Petitioner did not demonstrate that 2
they…
JAN292024_02H4212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 29, 2024
—
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. 1 The record indicates that the Applicant will become inadmissible upon departing the United States under section 212(a)(9)(A)(ii) of the Act. The record reflects the Applicant en…
JAN292024_02H5212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 29, 2024
—
The Applicant, a citizen of India, does not contest the finding of inadmissibility for misrepresentation of material facts, which is established in the record. The relevant issue on appeal is whether the Applicant has established extreme hardship to his qualifying relatives in the aggregate, i.e. his spouse and his mother, as required to qualify for a waive…
JAN292024_03B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 29, 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…
JAN292024_04B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 29, 2024
—
A. The Petitioner Is Not An Individual of Exceptional Ability1 We disagree with the Director's conclusion that the Petitioner qualifies for EB-2 permanent immigrant classification as an individual of exceptional ability and hereby withdraw it. Although the evidence in the record reflects the Petitioner has provided an official academic record showing they h…
JAN262024_01B4203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 26, 2024
—
As noted, the Director denied the petition on multiple independent and alternative grounds. For the reasons provided below, the Petitioner has not established its eligibility for the requested immigrant classification.
A. Doing Business
To establish eligibility for this classification, the evidence must demonstrate that the prospective United States employ…
JAN262024_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 26, 2024
—
A. Relevant Facts and Procedural History In September 2017, the Petitioner filed his Form 1-918 with a Form 1-918 Supplement B, U Nonimmigrant Status Certification (first Supplement B), signed and certified by an unidentified law enforcement official in the.___________ ___.based on an incident that took place in a parking lot inl I2016. The certifying offic…
JAN262024_01D9101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 26, 2024
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A. Introduction
According to pages 4 and 5 of the petition, the Petitioner seeks to classify and the Beneficiary as an internationally recognized athlete so that he may compete as a "Professional Tennis Player" for prize money at various professional tennis events throughout the United States for a period of five years. The record shows that the Beneficiary…
JAN262024_01E2309
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 26, 2024
—
There is no dispute that the Applicant meets the conditions in section 322(a)(l) and (3) of the Act, as the record shows that he is currently six years old, and has a U.S. citizen father. The issue on appeal is whether the evidence is sufficient to establish that the Applicant's paternal U.S. citizen grandfather 2
was physically present in the United State…
JAN262024_01H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Jan 26, 2024
—
The record reflects that in 2009 the Applicant was convicted of false statements in violation of 18 U.S.C. § 1001(a)(2) and theft of public money in violation of 18 U.S.C. § 641. The Applicant was sentenced to six months home detention, three years of probation, ordered to pay restitution of more than $68,000, and other stipulations by the court. The Applic…