EB-1C Dismissed — Unknown: the motion to reopen was rejected because it was filed

Decision Summary

The motion to reopen was rejected because it was filed almost two years after the 30-day deadline. The petitioner claimed the delay was due to ineffective counsel and being led to believe the case was still pending. The AAO found this claim not plausible because the petitioner was self-represented in the prior appeal and the decision was mailed directly to them, making the delay neither reasonable nor beyond the petitioner's control.

Criteria Discussed

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