dismissed
EB-2
dismissed EB-2 Case: Unknown
Decision Summary
The appeal was rejected because it was filed untimely. The director's decision was issued on June 16, 2010, but the appeal was received on July 21, 2010, which was 35 days later and outside the 33-day filing period.
Criteria Discussed
Timely Filing Of Appeal
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identifying d'lta deleted to prevent Ck"'Jili'Jv:lrranted invasion of personal privacy ~LICCOP~ FILE: IN RE: Petitioner: Beneficiary: u.s. Department of Homeland Security U.S. Citizenship and Immigration Services Office of Administrative Appeals MS 2090 Washington, DC 20529·2090 u. S. Ci tizenshi p and Immigration Services Office: TEXAS SERVICE CENTER DatesEP 0 9 2010 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. § IIS3(b)(2) ON BEHALF OF PETITIONER: INSTRUCTIONS: Enclosed please find the decision of the Administrative Appeals Office in your case. All of the documents related to this matter have been returned to the office that originally decided your case. Please be advised that any further inquiry that you might have concerning your case must be made to that office. Thank you, ~~ ~ Perry Rhew Chief, Administrative Appeals Office www.uscis.gov -. Page 2 DISCUSSION: The Director, Texas Service Center, denied the employment-based immigrant visa petition. The matter is now before the Administrative Appeals Office (AAO) on appeal. The AAO will reject the appeal as untimely filed. In order to properly file an appeal, the regulation at 8 C.F.R. § 103.3(a)(2)(i) provides that the affected party must file the complete appeal within 30 days of after service of the unfavorable decision. If the decision was mailed, the appeal must be filed within 33 days. See 8 c.F.R. § 103.5a(b). The date of filing is not the date of mailing, but the date of actual receipt. See 8 C.F.R. § 103.2(a)(7)(i). The director denied the petition on Wednesday, June 16,2010. The director properly allowed the petitioner 33 days to file the appeal. Although counsel dated the appeal July 16, 2010, it was postmarked Monday, July 19,2010, and received by the director on Wednesday, July 21, 2010, 35 days after the decision was issued. Accordingly, the appeal was untimely filed. As the appeal was untimely filed and does not qualify as a motion, the appeal must be rejected. ORDER: The appeal is rejected.
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