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This expanded collection favors source-backed access over perfect automated classification. Fields, labels, summaries, and relevance may contain errors; records marked ‘broader context’ need extra care. Review the cited source before relying on any record. These appeals and motions do not show approval odds or denial rates, and are not legal advice or a prediction.
10,847 decisions /36,849 findings
Showing 23951–23960
NIWprocedural or otherNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
procedural or other
timely filing of motion
Why AAO was not persuaded
The motion was filed 48 days after the dismissal decision, beyond the 33-day window, because the petitioner improperly sent it to the AAO instead of the originating office.
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The motion was filed 48 days after the dismissal decision, beyond the 33-day window, because the petitioner improperly sent it to the AAO instead of the originating office.
Exact record locator: findings_long.parquet filename_stem=2011-12-21_02_B5203; source_row=13535 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1Aprocedural or otherNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
procedural or other
Lozada requirement 2 – proof that former counsel was notified of ineffective assistance allegations
Why AAO was not persuaded
Going on record without supporting documentary evidence is insufficient. The petitioner provided no evidence that former counsel was put on notice of her claims, and the petitioner did not even address this requirement in her affidavit.
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Going on record without supporting documentary evidence is insufficient. The petitioner provided no evidence that former counsel was put on notice of her claims, and the petitioner did not even address this requirement in her affidavit.
Exact record locator: findings_long.parquet filename_stem=2011-12-19_01_B2203; source_row=13520 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1Aprocedural or otherNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
procedural or other
Lozada requirement 1 – detailed affidavit of agreement with former counsel
Why AAO was not persuaded
The petitioner's affidavit used speculative language and did not state that she specifically requested her former attorney to file the petition as a taekwondo competitor, nor did it establish a detailed agreement about what action counsel should take and how he failed to uphold his portion.
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The petitioner's affidavit used speculative language and did not state that she specifically requested her former attorney to file the petition as a taekwondo competitor, nor did it establish a detailed agreement about what action counsel should take and how he failed to uphold his portion.
Exact record locator: findings_long.parquet filename_stem=2011-12-19_01_B2203; source_row=13519 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1Aprocedural or otherNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
procedural or other
Timely filing of motion to reopen
Why AAO was not persuaded
The motion was received 34 days after the AAO decision, exceeding the 30-day deadline, and petitioner provided no explanation that the delay was reasonable and beyond her control.
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The motion was received 34 days after the AAO decision, exceeding the 30-day deadline, and petitioner provided no explanation that the delay was reasonable and beyond her control.
Exact record locator: findings_long.parquet filename_stem=2011-12-19_01_B2203; source_row=13518 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
EB-1Aprocedural or otherNot establishedAutomated extraction · broader context
Case facts
Other
Issue evaluated
procedural or other
Lozada requirement 3 – complaint with disciplinary authority or explanation for not filing
Why AAO was not persuaded
The petitioner's stated reasons for not filing a disciplinary complaint were insufficient. AAO noted that no legal maneuvering or particular level of education is needed to send a letter to the state bar, and that current counsel should have informed the petitioner of the simple steps needed.
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The petitioner's stated reasons for not filing a disciplinary complaint were insufficient. AAO noted that no legal maneuvering or particular level of education is needed to send a letter to the state bar, and that current counsel should have informed the petitioner of the simple steps needed.
Exact record locator: findings_long.parquet filename_stem=2011-12-19_01_B2203; source_row=13521 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
The plain language of 8 C.F.R. § 204.5(k)(4) requires the job offer to demonstrate that the position requires a professional holding an advanced degree. The labor certification only required a bachelor's degree plus four years of experience, which does not meet the advanced degree standard under 8 C.F.R. § 204.5(k)(2). Post-adjudication reclassification to EB-3 is not permitted as it constitutes a material change.
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The plain language of 8 C.F.R. § 204.5(k)(4) requires the job offer to demonstrate that the position requires a professional holding an advanced degree. The labor certification only required a bachelor's degree plus four years of experience, which does not meet the advanced degree standard under 8 C.F.R. § 204.5(k)(2). Post-adjudication reclassification to EB-3 is not permitted as it constitutes a material change.
Exact record locator: findings_long.parquet filename_stem=2011-12-16_03_B5203; source_row=13517 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Job offer requires an advanced degree professional
Why AAO was not persuaded
The labor certification allows a reasonable combination of education and experience as an alternative to a degree, meaning the position does not require an advanced degree professional. Counsel abandoned this claim by not addressing it on appeal.
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The labor certification allows a reasonable combination of education and experience as an alternative to a degree, meaning the position does not require an advanced degree professional. Counsel abandoned this claim by not addressing it on appeal.
Exact record locator: findings_long.parquet filename_stem=2011-12-16_02_B5203; source_row=13515 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Beneficiary holds a foreign equivalent degree to a U.S. baccalaureate
Why AAO was not persuaded
The beneficiary's three-year bachelor's degree from Pakistan does not qualify as a foreign equivalent degree to a U.S. four-year baccalaureate under Matter of Shah. The evaluators failed to provide evidence that Pakistan provides 13 years of primary and secondary education, that the program was normally four years, or that the beneficiary received transfer credit.…
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The beneficiary's three-year bachelor's degree from Pakistan does not qualify as a foreign equivalent degree to a U.S. four-year baccalaureate under Matter of Shah. The evaluators failed to provide evidence that Pakistan provides 13 years of primary and secondary education, that the program was normally four years, or that the beneficiary received transfer credit. The post-secondary diploma and bachelor's degree are two separate programs, not a single degree.
Exact record locator: findings_long.parquet filename_stem=2011-12-16_02_B5203; source_row=13516 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Though net income in 2007 ($104,028) exceeded the proffered wage, the petitioner's approximately 16 other simultaneously pending I-140 petitions with similar proffered wages made net income insufficient to cover all competing obligations.
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Though net income in 2007 ($104,028) exceeded the proffered wage, the petitioner's approximately 16 other simultaneously pending I-140 petitions with similar proffered wages made net income insufficient to cover all competing obligations.
Exact record locator: findings_long.parquet filename_stem=2011-12-16_01_B5203; source_row=13512 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c
Overall magnitude of business activities (Sonegawa totality of circumstances)
Why AAO was not persuaded
The AAO found no basis for a favorable totality-of-circumstances determination: the petitioner showed no significant business growth pattern, no uncharacteristic expenditure explaining inability to pay, and no evidence of sound business reputation comparable to the Sonegawa petitioner.
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The AAO found no basis for a favorable totality-of-circumstances determination: the petitioner showed no significant business growth pattern, no uncharacteristic expenditure explaining inability to pay, and no evidence of sound business reputation comparable to the Sonegawa petitioner.
Exact record locator: findings_long.parquet filename_stem=2011-12-16_01_B5203; source_row=13514 Revision: 081d2cac29dcadfec88fdd675d7a0c4294d72b3c