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2011

  • AAO Sustains Appeal in EB-1 Outstanding Researcher Case(271 KB - 12/29/2011)
    Applying the two-part test set forth in Kazarian, the AAO found that the evidence satisfied the minimum eligibility requirements required by the regulations, and that the evidence submitted set the beneficiary apart in the academic community. Courtesy of Naomi Schorr. AILA Doc. No. 11122960.
    AILA Doc. No. 11122960.
  • AAO Sustains L-1A Appeal on Certification from CSC(6536 KB - 12/23/2011)
    In a 12/15/11 decision, the AAO withdrew the denial and approved an L-1A petition, finding that the beneficiary would perform in a primarily managerial capacity, and noting that her supervision of employees in Chile is a managerial duty. Courtesy of Clark Trevor. AILA Doc. No. 11122324.
    AILA Doc. No. 11122324.
  • AAO Grants National Interest Waiver to Nanoscientist(405 KB - 12/7/2011)
    In an 11/21/11 decision, the AAO sustained the NIW appeal noting that where Petitioner’s published research has been heavily influential in the field, it is not particularly important that he was a student at the time he conducted the research. Courtesy of Richard Averwater. AILA Doc. No. 11122078.
    AILA Doc. No. 11120778.
  • AAO Sustains I-601 Appeal for Pakistani Parent of USC(347 KB - 10/24/2011)
    In a 10/12/11 decision, the AAO concluded that the cumulative effect of the emotional, psychological, medical, and financial hardships that the applicant’s USC children would suffer without their father in the U.S. rose to the level of extreme. Courtesy of Richard Hanus. AILA Doc. No. 11102467.
    AILA Doc. No. 11102467.
  • AAO Sustains I-601 Appeal for Chinese Spouse of USC(580 KB - 10/21/2011)
    In an unpublished 10/18/11 decision, the AAO concluded that the cumulative effect of the emotional, psychological, medical, and financial hardships that the applicant’s USC husband would suffer without his wife in the U.S. rose to the level of extreme. Courtesy of Alan Lee. AILA Doc. No. 11102131.
    AILA Doc. No. 11102131.
  • AAO Approves §212(i) Waiver for Dominican Spouse of USC(4611 KB - 10/4/2011)
    In an unpublished 9/9/11 decision, the AAO considered evidence of extreme hardship to the citizen spouse, including the loss of property and employment in the U.S., as well as the disruption of her son’s medical treatment and special education. Courtesy of T.J. Mills. AILA Doc. No. 11100432.
    AILA Doc. No. 11100432.
  • AAO Remands for 212(e) Hardship Waiver Recommendation from WRD(317 KB - 9/15/2011)
    Citing political and social turmoil and financial considerations, the AAO found that the applicant’s U.S. citizen spouse would suffer exceptional hardship whether he relocated to Pakistan, or if he were to remain in the U.S. without the applicant for two years. AILA Doc. No. 11091566.
    AILA Doc. No. 11091566.
  • AAO Upholds Denial of 212(i) Fraud Waiver(256 KB - 9/15/2011)
    The AAO upheld the denial of the 212(i) waiver, finding that the evidence presented did not support a finding that the applicant’s U.S. citizen spouse would suffer extreme hardship, or sufficient evidence that the applicant’s father was a U.S. citizen as purported. AILA Doc. No. 11091565.
    AILA Doc. No. 11091565.
  • AAO Finds VSC Director Erred in Denying I-360 Petition for Battered Child(319 KB - 9/14/2011)
    The AAO approved the I-360 filed by a battered child over 21, finding that the VSC Director incorrectly concluded that the petitioner must establish a parent-child relationship with the abusive parent on the date the petition was filed. Courtesy of Philip Smith. AILA Doc. No. 11091431.
    AILA Doc. No. 11091431.
  • AAO Approves §212(i) Waiver for Mexican Wife of U.S.C.(360 KB - 9/1/2011)
    In an unpublished 8/10/11 decision, the AAO considered evidence of extreme hardship to the citizen spouse, including mental health issues and sensitivity to family separation, and took administrative notice of the dangers in Sinaloa due to TCOs. Courtesy of Philip Hornik. AILA Doc. No. 11090132.
    AILA Doc. No. 11090132.
  • AAO Requests Amicus Briefs on the Appeal of a Denied I-140 Based on Kazarian(66 KB - 8/18/2011)
    USCIS 8/18/11 announcement that the AAO is seeking amicus briefs related to the appeal of a denied Form I-140 petition based on the 2010 Kazarian guidance. Briefs are due by 9/19/11. Instructions for submitting a brief are provided on the announcement. AILA Doc. No. 11081830.
    AILA Doc. No. 11081830.
  • AAO Grants §212(a)(9)(B)(v) Unlawful Presence Waiver for Israeli Spouse of USC(483 KB - 8/9/2011)
    In an unpublished decision, the AAO sustained the I-601 appeal, finding that the applicant’s USC spouse would suffer extreme hardship based on factors which include substance abuse, emotional instability, and potential financial hardship. Courtesy of Elan Baret. AILA Doc. No. 11080963.
    AILA Doc. No. 11080963.
  • AAO Affirms Denial of I-829 for EB-5 Investor(2393 KB - 5/13/2011)
    The AAO found that Petitioner failed to employ the requisite number of employees during or within a reasonable time of the conditional period and that Petitioner made a willful misrepresentation of material fact in an effort to mislead USCIS as to his eligibility. AILA Doc. No. 11051372.
    AILA Doc. No. 11051372.
  • AAO Affirms Denial of Petition, Finds Willful Misrepresentation.(2575 KB - 4/14/2011)
    In a 4/14/11 non-precedent decision, the AAO said that the scrutiny of job creation results should not include revisiting the original job creation methodology. Lack of proof that direct workers are qualified can undermine the method for crediting indirect employment. AILA Doc. No. 11041480.
    AILA Doc. No. 11041480.
  • AAO Degree Equivalency Decision Withdrawn(1236 KB - 2/28/2011)
    AAO withdrew an unpublished decision dated 12/5/07, which previously approved an EB-2 immigrant petition involving a beneficiary holding a 3-year bachelor’s degree and a 2-year master’s degree from India. The petition is now denied. AILA Doc. No. 11022830.
    AILA Doc. No. 11022830.
  • AAO Grants a §212(a)(9)(B) Waiver for Pakistani Spouse of USC(580 KB - 2/25/2011)
    In an unpublished 2/11/11 decision, the AAO considered, in the aggregate, evidence of the USC spouse’s emotional, psychological, financial, and medical hardships due to the separation from her husband, in addition to country conditions in Pakistan. Courtesy of Anis N. Saleh. AILA Doc. No. 11022563.
    AILA Doc. No. 11022563.
  • AAO Sustains O-1 Scientist Appeal(462 KB - 2/23/2011)
    On appeal from the CSC, the AAO concluded that the CSC's interpretation of "event" for an O-1 scientist was overly narrow and restrictive. The AAO found that an O-1 alien can perform "normal duties" within his or her area of extraordinary ability. Courtesy of Jean Enns. AILA Doc. No. 11022363.
    AILA Doc. No. 11022363.
  • AAO Approves L-1A Petition on Certification From CSC(786 KB - 1/24/2011)
    On certification by the CSC, AAO withdraws denial and approves an L-1A petition, finding that beneficiary would perform managerial duties more than 51% of the time, based on petitioner’s reasonable needs and stage of development. Courtesy of Dehai Tao. AILA Doc. No. 11012430.
    AILA Doc. No. 11012430.
  • AAO Grants §212(i) Waiver for Russian Spouse of USC(4628 KB - 1/18/2011)
    In an unpublished 10/06/10 decision, the AAO granted a §212(i) waiver. The AAO found that the applicant’s U.S. citizen wife would suffer extreme emotional and financial hardship due to family and job separation if she were to relocate to Russia. Courtesy of Kenneth White. AILA Doc. No. 11011869.
    AILA Doc. No. 11011869.
  • AAO Grants §212(i) Waiver(721 KB - 1/3/2011)
    In an unpublished 10/07/10 decision, the AAO granted a §212(i) waiver. The AAO considered evidence of emotional and financial hardship to the U.S. citizen spouse including sensitivity to family separation. Courtesy of Raquel E. Hecht. AILA Doc. No. 11010333.
    AILA Doc. No. 11010333.