dismissed EB-2

dismissed EB-2 Case: Unknown

📅 Date unknown 👤 Individual 📂 Unknown

Decision Summary

The appeal was summarily dismissed because the petitioner failed to provide any reason for the appeal. On the Form I-290B, the petitioner left the section for stating the reasons for the appeal blank and indicated that no separate brief or evidence would be submitted, which mandates dismissal under the regulations.

Criteria Discussed

Failure To State Grounds For Appeal

View Full Decision Text

identifyingdatadeleted to
.prev~nt clearly unwarrantec
mvaslOUofpersonalprivacy
PUBLIC COpy
U;S.Department of Homeland Security
20 Mass. Ave., N.W., RID. 3000
Washington, DC 20529
u.S. Citizenship
and Immigration
Services
JAN 082001
FILE:
INRE: Petitioner:
Beneficiary:
Office: VERMONT SERVICE CENTER Date:
PETITION: Immigrant Petition for Alien Worker as a Member of the Professions Holding an Advanced
Degree or an Alien of Exceptional Ability Pursuant to Section 203(b)(2) of the Immigration
and Nationality Act, 8 U.S.C. § 1153(b)(2)
ON BEHALF OF PETITIONER:
"0
SELF-REPRESENTED
INSTRUCTIONS:
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to
the office that originally decided your case. Any further inquiry must be made to that office.
~~
$ 'Robert P. Wiemann, Chief
Administrative Appeals Office
www.uscis.gov
Page 2
DISCUSSION: . The Director, Vermont Service Center, denied the' employment-based immigrant visa petition.
The matter 'is now before the Administrative Appeals Office on appeal. The appeal will be summarily dismissed.
8 C.F.R. § 103.3(a)(l)(v) states, in pertinent part , " [a]n officer to whom an appeal is taken shall summarily
dismiss any appeal when the party concerned 'fails to identify specifically any erroneous conclusion of law or
" statement of fact for the appeal." .
On the Form I-290B Notice of Appeal, filed on OctoberJl, 2005, the petitioner checked a box stating "I am not
submitting a separate brief or evidence." Thus, the appeal form itself-is the entire appeal. Part 3 of the appeal
form instructs the petitioner to "Briefly state the reason(s) for this appeal." The petitioner has left this section
blank. Thus, the petitioner has stated no grounds for appeal, and she has indicated that no such grounds will be
forthcoming. "
The filing of an appeal does not guarantee or compel a full readjudication of the petition. The petitioner must
specify how the original decision was deficient; it cannot suffice simply to register general dissatisfaction by
filing an appeal devoid of content. Inasmuch as the petitioner has failed ·to identify specifically an erroneous
conclusion of law or a statement of fact as a basis for the appeal; the appeal must be summarily dismissed.
ORDER: The appeal is dismissed.

Using this case in a petition? Let MeritDraft draft the argument →

Avoid the mistakes that led to this denial

MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.

Avoid This in My Petition →

No credit card required. Generate your first petition draft in minutes.