Set Text Size:

S

S

S

Related Resources

Share Your Case Decisions!

Tell Us!
Have you received a noteworthy decision on a recent case? Tell us about it! Share significant decisions with your AILA colleagues by sending a copy to webmaster@aila.org. And if you can’t redact it, we’re happy to oblige.

Administrative Appeals Office (AAO)

2011 | 2010 - 2009 | 2008 | 2007 | 2006 - 2005 | 2004 - 2001 | 2000 | 1999 - 1998 | 1995 -1994 | 1993 - 1989


  • AAO Grants 212(h) Waiver, Finds Applicant Demonstrated Rehabilitation(1675 KB - 4/30/2013)
    In an unpublished decision, the AAO granted the 212(h) waiver, finding that, although the applicant had a criminal record in addition to his controlled substance crime, his last criminal conviction took place over 15 years ago. Courtesy of Jeffrey Devore. AILA Doc. No. 13043050.
    AILA Doc. No. 13043050.
  • AAO Found Beneficiary Possessed Advanced Knowledge(1605 KB - 4/25/2013)
    AAO sustained appeal, finding that the totality of the evidence established that it is more likely than not that the beneficiary has advanced knowledge of the foreign employer’s processes and procedures. Courtesy of Michelle Gee. AILA Doc. No. 13042555.
    AILA Doc. No. 13042555.
  • AAO Sustains Appeal, Finding Petitioner’s Evidence Met Standard(1396 KB - 4/25/2013)
    AAO sustained the appeal of an employment-based immigrant petition for an alien of extraordinary abilities in athletics, finding that the petitioner submitted extensive documentation and demonstrated a “career of acclaimed work in the field.” Courtesy of Michelle Hua. AILA Doc. No. 13042552.
    AILA Doc. No. 13042552.
  • AAO Sustains Appeal, First-Line Supervisor Qualified for L-1A(1139 KB - 3/21/2013)
    AAO sustained appeal, finding that the first-line supervisor qualified for L-1A. Decision stated that the definition of duties for a project manager for IT workers should be based on the evidence and not pre-conceived impressions. Courtesy of Vic Goel and Lisa Locke. AILA Doc. No. 13032155.
    AILA Doc. No. 13032155.
  • AAO Sustains Appeal of L-1B, Finding Beneficiary Possessed Specialized Knowledge(1078 KB - 3/20/2013)
    AAO sustains L-1B appeal, stating that the statutory definition of specialized knowledge is comprised of two equal but distinct subparts and the beneficiary and the proffered position may satisfy either prong of the definition. Courtesy of Josie Gonzalez. AILA Doc. No. 13032050.
    AILA Doc. No. 13032050.
  • AAO Overturns L-1B Denial, Finding Beneficiary Possesses Specialized Knowledge(1136 KB - 3/19/2013)
    The AAO sustained the appeal, finding that a beneficiary does not need to develop the product or technology in which he claims to have specialized knowledge in order to have “special” knowledge. Courtesy of Carolyn Choi. AILA Doc. No. 13031945.
    AILA Doc. No. 13031945.
  • AAO Sustains Appeal of 212(i) Waiver Denial(1265 KB - 3/11/2013)
    The AAO sustained the appeal of the 212(i) denial, finding that the applicant’s LPR spouse would suffer extreme hardship, citing the couple’s 30 year marriage, the applicant’s extensive medical history, and the hardships of family separation. Courtesy of Scott Mossman. AILA Doc. No. 13031156.
    AILA Doc. No. 13031156.
  • AAO Overturns Denial of L-1A, Finding that Senior Sales Manager Position was a Primarily Managerial Position(607 KB - 1/24/2013)
    In an unpublished decision, the AAO sustained the appeal of an L-1A denial, noting that the CSC erred in not concluding that the beneficiary has been and would continue to be employed in a primarily managerial capacity as a function manager. Courtesy of Robert Nadalin. AILA Doc. No. 13012446.
    AILA Doc. No. 13012446.
  • AAO Overturns Denial of L-1A for Restaurant Manager(1631 KB - 1/23/2013)
    In an unpublished decision, the AAO sustained the appeal of the L-1A denial, noting that CSC erred in concluding that the beneficiary’s subordinate supervisory employees must hold professional positions in order for him to qualify as a manager. Courtesy of Paul Hribernick. AILA Doc. No. 13012348.
    AILA Doc. No. 13012348.
  • AAO Reverses Denial of EB-1 Visa(507 KB - 1/17/2013)
    In an unpublished decision, the AAO considered the nature of the business, the organizational hierarchy, the beneficiary’s job description, and other factors and found that the beneficiary would be employed in a primarily managerial capacity. Courtesy of Adam Rosen. AILA Doc. No. 13011742.
    AILA Doc. No. 13011742.
  • 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.
    AILA Doc. No. 12121165.
  • AAO Reinstates I-140 Petition Approval(540 KB - 12/11/2012)
    The AAO overturned the Nebraska Service Center’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.
    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.
    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.
    AILA Doc. No. 12111947.
  • AAO Finds Extreme Hardship, Reverses Waiver Denials(832 KB - 10/30/2012)
    In an unpublished decision, the 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.
    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.
    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.
    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.
    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.
    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.
    AILA Doc. No. 12071867.
  • AAO Reverses Denial of EB-1 for Business Expert(641 KB - 6/27/2012)
    In an unpublished decision, the AAO found that the petitioner met three of the 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.
    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.
    AILA Doc. No. 12062752.
  • AAO Issues Precedent Decision on P-3 Nonimmigrant Visa Petition(480 KB - 5/15/2012)
    The AAO approved the petition, noted the term “culturally unique” is not limited to traditional art forms and calls for a case-by-case analysis, and found the expert opinions to be reliable and probative. Matter of Skirball Cultural Center, 25 I&N Dec. 799 (AAO 2012). AILA Doc. No. 12051552.
    AILA Doc. No. 12051552.
  • AAO Grants 212(i) Waiver to Brazilian Spouse of USC(651 KB - 2/21/2012)
    In an unpublished 2/6/12 decision, the AAO granted a 212(i) waiver. The AAO found 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.
    AILA Doc. No. 12022166.
  • AAO Upholds Termination of Regional Center Approval(321 KB - 2/13/2012)
    In a 12/21/2011 decision, the 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.
    AILA Doc. No. 12021367.
  • AAO Finds Applicant is Not Inadmissible under 212(a)(9)(C)(379 KB - 1/4/2012)
    In a 12/29/11 decision, the AAO concluded that the applicant was not inadmissible under § 212(a)(9)(C)(i)(II), where the applicant was removed and subsequently reentered the US before April 1, 1997 and later concurrently filed an I-485 and I-212. Courtesy of Camiel Becker. AILA Doc. No. 12010465.
    AILA Doc. No. 12010465.