EB-1C Dismissed — Applications Development (2009): the underlying petition was denied for abandonment after

Decision Summary

The appeal was rejected because the underlying petition was denied for abandonment after the petitioner failed to respond to a Request for Evidence (RFE). Per regulations, a denial due to abandonment may not be appealed. The AAO further noted that even if the appeal were considered, counsel's claim of not receiving the RFE was moot because a proper notice of appearance had not been filed on behalf of the petitioner at the time the RFE was issued.

Criteria Discussed

Sign up free to download the original PDF