dismissed EB-1B Case: Religious Studies
Decision Summary
The motion to reopen was granted to review the case, but the appeal was ultimately dismissed. The petitioner's claim of ineffective assistance of prior counsel was found to be deficient because they failed to provide the required representation agreement, a prerequisite under the Matter of Lozada precedent. Because the ineffective assistance claim failed, the AAO upheld its prior decision that the original appeal was untimely, and therefore the underlying petition remained denied.
Criteria Discussed
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