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2007

  • Unpublished AAO Decision on Outstanding Professor/Researcher(203 KB - 11/27/2007)
    The administrative appeals office found that satisfying two of the six criteria in 8 CFR §204.5(i)(3)(i) is sufficient to establish that an alien is an outstanding professor or researcher under INA § 203(b)(1)(B). This is an unpublished decision. AILA Doc. No. 07112731.
    AILA Doc. No. 07112731.
  • AAO Finds Extreme Hardship in I-601 Waiver(189 KB - 11/26/2007)
    In a non-precedent decision, AAO sustains the appeal of a denial of a waiver of 212(a)(9)(B)(v) inadmissibility, finding that the emotional and financial hardship to the applicant's spouse cumulatively amount to extreme hardship. AILA Doc. No. 07112662.
    AILA Doc. No. 07112662.
  • AAO Finds 20-Year-Old Eligible as SIJ(412 KB - 10/18/2007)
    AAO finds that an individual in Massachusetts may establish Special Immigrant Juvenile eligibility where he can show that he continues to be committed to, or under the custody of, a state agency or department. This is an unpublished decision. AILA Doc. No. 07101860.
    AILA Doc. No. 07101860.
  • CIS Adopts AAO Decision Relating to Cuban Adjustment Act and Overrules Matter of Buschini(164 KB - 8/20/2007)
    This AAO decision adopted by USCIS provides guidance regarding the determination of Cuban citizenship for the purposes of adjustment under the Cuban Adjustment Act. In addition, the decision overrules Matter of Buschini, USCIS Adopted Decision 06-0004 (AAO, June 30, 2006). AILA Doc. No. 07082069.
    AILA Doc. No. 07082069.
  • USCIS Adopts AAO Decision Relating to Special Immigrant Juvenile Status(174 KB - 8/20/2007)
    This AAO decision adopted by USCIS provides guidance regarding the determination of constructive custody for applicants for special immigrant juvenile status and addresses a Florida Statute which extends its jurisdiction over an applicant for special immigrant juvenile status beyond his or her 18th birthday. AILA Doc. No. 07082068.
    AILA Doc. No. 07082068.
  • AAO Unpublished Decision Overturns Denial of EB-3 I-140 in Bachelor’s Degree Equivalency Case (6/21/2007)
    In an unpublished decision dated June 14, 2007, the AAO reversed an I-140 denied by the Nebraska Service Center where the labor certification required 4 years of college, a bachelor’s degree in business or related field, “U.S. or foreign equivalent,” and 5 years of experience. AILA Doc. No. 07062163.
    AILA Doc. No. 07062163.
  • AAO Unpublished Decision Upholds Denial of L-1A(645 KB - 1/10/2007)
    An unpublished 2005 AAO decision upholds the denial of an L-1A multinational manager/executive petition, rejecting the notion of a "hybrid 'executive/manager' that relies on partial sections of the two definitions. AILA Doc. No. 07011067.
    AILA Doc. No. 07011067.
  • AAO Unpublished Decision Addresses Standards for EB-1 Extraordinary Ability(640 KB - 1/10/2007)
    An unpublished 2005 AAO decision rejects the service center's assertion that, even if an EB-1 extraordinary ability petition fulfills at least 3 of the 10 regulatory elements, achievement of the requisite recognition is not necessarily established. However, AAO finds that the petition did not satisfy at least 3 of the elements. AILA Doc. No. 07011065.
    AILA Doc. No. 07011065.
  • AAO Unpublished Decision Addresses Documentation for EB-1 Extraordinary Ability(473 KB - 1/10/2007)
    An unpublished 2005 AAO decision finds flaws in the service center's analysis of the law and evidence relating to two categories of documentation, but nevertheless upholds the denial of an extraordinary ability immigrant petition for an art director in the field of entertainment advertising. AILA Doc. No. 07011064.
    AILA Doc. No. 07011064.