dismissed
EB-1A
dismissed EB-1A Case: Athletics
Decision Summary
The appeal was dismissed as moot. After filing the petition, the petitioner successfully adjusted to lawful permanent resident status through a separate, family-based petition, which rendered the current appeal unnecessary.
Criteria Discussed
Sustained National Or International Acclaim
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identifying data deleted to prevent clearly unwarranted invasion ofpersonaJ privacy PUBLIC COpy DATE: JUL 3 0 2012 Office: TEXAS SERVICE CENTER [N RE: Petitioner: Beneficiary: V.S. Department of Homeland SccuritJ U.S. Cili7.cnship and Immigration Scrvice~ Administrative Appeals OUice (AAO) 20 Massachu~clb I\ve .. N.\V .. I\1S 10(}O Washington. [)(. 10."'21)-2()1)O U.S. Citizenship and Immigration Services F[LE: PET[TlON: Immigrant Petition It)r Alien Worker as an Alien of Extraordinary Ahility Pursuant tu Section 203(h)(l)(A) of the Immigration and Nationality Act, 8 U.S.C ยง l1S3(h)(I)(A) ON BEHALF OF PETITIONER: [NSTRUCT[ONS: Enclused p[case find the decisiun of the Administrative Appea[s Office in your case. All of the documents related to this matler have been returned to the office that originally decided your case. Please he advised that any further inquiry that you might have concerning your case must be made to that ollice. If you helieve the AAO inappropriately applied the law in reaching its decision, or you have additional information that you wish to have considered, you may file a motion to reconsider or a motion t() reopen in accordance with the instructions on Form [-290B, Notice of Appeal or Motion, with a fee of $630. The specific requirements for filing such a motion can be found at 8 CF.R. ยง 103.5. Do not file any motion directly with the AAO. Plcase he aware that 8 CF.R. ยง 103.5(a)(I)(i) requires any motion to he filed within 30 days of the decision that the motion seeks to reconsider or reopen. Thank you, ~1b- Perry Rhew Chief, Administrative Appeals Office www.uscis.gov โข -Page 2 DISCUSSION: The employment-based immigrant visa petition was denied by the Director, Texas Service Center, and is now before the Administrative Appeals Office on appeal. The appeal will be dismissed. The petitioner seeks classification as an employment-based immigrant pursuant to section 203(b)( I )(A) of the Immigration and Nationality Act (the Act), 15 U.S.c. ยง 1153(b)(I)(A), as an alien of extraordinary ability in athletics. The director determined the petitioner had not established the sustained national or international acclaim necessary to qualify for classification as an alien of extraordinary ability. Review of U.S. Citizenship and Immigration Services (USCIS) records indicates that, subsequent to filing the instant petition, the petitioner filed a Form 1-485 Application to Adjust Status based on a family-based petition, which USCIS approved on June 1, 2012. Because the alien has adjusted to lawful permanent resident status, further pursuit of the matter at hand is moot. ORDER: The appeal is dismissed, based on the alien's adjustment to lawful pern13nent resident status.
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