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2012

  • AAO Affirmed Denial Finding that Beneficiary Did Not Have Requisite Educational Degree(1267 KB - 12/27/2012)
    AAO affirmed NSC Director’s decision to revoke the approval of the I-140 petition, finding that the beneficiary’s three year degree did not qualify as a U.S. bachelor’s degree or a “foreign equivalent degree” nor did he qualify for the proffered position of financial manager.
    AILA Doc. No. 12122799.
  • AAO Grants 212(i) Waiver(4005 KB - 12/11/2012)
    The AAO granted the applicant’s 212(i) waiver, finding that the qualifying spouse would suffer extreme hardship if the applicant was removed because of the applicant’s reproductive health conditions and the spouse’s severe allergic reactions. Courtesy of Jon Landau.
    AILA Doc. No. 12121165.
  • AAO Reinstates I-140 Petition Approval(540 KB - 12/11/2012)
    The AAO overturned the NSC’s decision to revoke an employment-based immigrant visa petition and reinstated the approval, finding the petitioner established that the beneficiary had the necessary experience as of the priority date. Courtesy of Pam Genise.
    AILA Doc. No. 12121164.
  • AAO Withdraws VSC I-140 Revocation(575 KB - 12/11/2012)
    The AAO withdrew the Vermont Service Center’s revocation of an employment-based immigrant visa petition because the petition had been previously withdrawn by the petitioner. Courtesy of Pam Genise.
    AILA Doc. No. 12121163.
  • AAO Reverses I-601 Denial(706 KB - 11/19/2012)
    The AAO reversed the I-601 denial out of the New Delhi Field Office, noting that the applicant’s counsel asserted that USCIS did not consider several favorable factors, and that it mistakenly questioned the bona fides of the applicant’s marriage. Courtesy of Laura Shepard.
    AILA Doc. No. 12111947.
  • AAO Finds Extreme Hardship, Reverses Waiver Denials(832 KB - 10/30/2012)
    AAO approved the I-601 and I-212 waivers, finding the factors including hardship to the applicant’s USC wife and non-qualifying family members outweighed his use of fraudulent documents and unlawful presence. Courtesy of Russell Abrutyn.
    AILA Doc. No. 12103060.
  • AAO Issues Revised Decision in Arrabally/Yerrabelly TPS Case (Updated 10/26/12)(1840 KB - 10/26/2012)
    The AAO issued a revised decision in an I-601 waiver appeal, removing reference to the applicant’s TPS status, but still finding that he did not make a “departure” for purposes of §212(a)(9)(B)(i)(II) where he left on advance parole. Courtesy of Steve Thal.
    AILA Doc. No. 12102242.
  • Sample Motion to Remand to AAO Re: Arrabally/Yerrabelly(627 KB - 10/22/2012)
    Sample motion to the AAO seeking remand for adjudication of adjustment of status, arguing that the applicant did not make a departure for purposes of §212(a)(9)(B)(i)(II) where he left on advance parole and returned to the U.S. to resume TPS status. Courtesy of Steve Thal.
    AILA Doc. No. 12102255.
  • AAO Reverses L-1 Denial Based on Qualifying Relationship(722 KB - 10/9/2012)
    The AAO reversed the L-1 petition denial and found the petitioner only needed to document that the transfer of ownership interest between the foreign entity and existing owner occurred, noting that USCIS’s focus on the purchase price was misplaced. Courtesy of Eric Bord.
    AILA Doc. No. 12100943.
  • AAO Finds Applicant Did Not Willfully Misrepresent Criminal History(2442 KB - 10/2/2012)
    In an unpublished decision, the AAO found the applicant did not willfully misrepresent his criminal history because he did not understand the meaning of “moral turpitude,” and granted a 212(h) waiver for other grounds of inadmissibility. Courtesy of Steven Heller.
    AILA Doc. No. 12100270.
  • AAO Overturns I-601 and I-212 Denial(1161 KB - 7/18/2012)
    The AAO sustained the appeals of the I-601 and I-212 denials, finding that the applicant’s wife and parents would suffer extreme hardship due to physical, emotional, and financial hardships if the applicant was unable to reside in the U.S. Courtesy of Russell R. Abrutyn.
    AILA Doc. No. 12071867.
  • AAO Reverses Denial of EB-1 for Business Expert(641 KB - 6/27/2012)
    AAO found that the petitioner met three of the extraordinary ability eligibility criteria, that he submitted sufficient evidence to demonstrate his sustained acclaim, and that his achievements have been recognized in the business field. Courtesy of Ilene D. Sager.
    AILA Doc. No. 12062753.
  • AAO Reverses Denial of EB-1 for Contemporary Artist(774 KB - 6/27/2012)
    The AAO found, under the Kazarian “final merits determination,” that petitioner’s extensive documentation of his achievements as an artist demonstrated sustained national or international acclaim and recognition in his field. Courtesy of Catherine L. Haight.
    AILA Doc. No. 12062752.
  • AAO Precedent Decision on P-3 "Culturally Unique"(480 KB - 5/15/2012)
    The AAO approved the petition, noted the term “culturally unique” is not limited to traditional art forms, called for a case-by-case analysis, and found the expert opinions to be reliable and probative. (Matter of Skirball Cultural Center, 5/15/12)
    AILA Doc. No. 12051552.
  • AAO Grants 212(i) Waiver to Brazilian Spouse of USC(651 KB - 2/21/2012)
    AAO granted a 212(i) waiver, finding that the applicant’s U.S. citizen spouse would face emotional, psychological, and financial hardships upon separation from the applicant. Courtesy of Hugo Castro.
    AILA Doc. No. 12022166.
  • AAO Upholds Termination of Regional Center Approval(321 KB - 2/13/2012)
    AAO upheld termination of a regional center approval where the plan before the AAO involved job preservation, not job creation, and the investment was not to be made in a troubled business.
    AILA Doc. No. 12021367.
  • AAO Finds Applicant is Not Inadmissible under 212(a)(9)(C)(379 KB - 1/4/2012)
    AAO concluded that the applicant was not inadmissible under § 212(a)(9)(C)(i)(II), where the applicant was removed and subsequently reentered the U.S. before April 1, 1997 and later concurrently filed an I-485 and I-212. Courtesy of Camiel Becker.
    AILA Doc. No. 12010465.
 
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