dismissed EB-1C Case: Gas Station
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Decision Summary
The appeal was dismissed because it challenged the director's decision to dismiss a motion to reconsider. The AAO found that the director correctly dismissed the motion as it was filed 269 days after the initial denial, far exceeding the 30-day regulatory deadline. The AAO noted that, unlike motions to reopen, there is no discretion to excuse the untimely filing of a motion to reconsider.
Criteria Discussed
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