dismissed
EB-2
dismissed EB-2 Case: Unknown
Decision Summary
The appeal was dismissed because the petitioner requested to withdraw the petition before the AAO issued its decision. The AAO determined this request rendered the appeal moot. Therefore, the appeal was dismissed on the basis of the petitioner's withdrawal.
Criteria Discussed
Not specified
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(b)(6) U.S . .Department of Hom.eland Security U.S. Citizenship and Immigration Services Admini strative Appeals Office (AAO) 20 Massachusetts Ave., N.W., MS 2090 Washington , DC 20529-2090 U.S. Citizenship and Immigration Services DATE: OCT 2 1 20n OFFICE : NEBRASKA SERVICE CENTER FILE: INRE: PETITION: Petitioner: Beneficiary : 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: 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, ,/'~~- Ron Rosenberg Chief, Administrative Appeals Office - ---------- - ------------ (b)(6) NON-PRECEDENT DECISION Page 2 DISCUSSION: The Director, Nebraska Service Center, denied the immigrant visa petition and the matter is now before the Administrative Appeals Office (AAO) on appeal. On October 9, 2014, we received correspondence from the petitioner requesting that the petition be withdrawn. However, the regulation at 8 C.F.R. § 103.2(b)(6) indicates that an application or petition may not be withdrawn once a decision is issued by U.S. Citizenship and Immigration Services. Notwithstanding this provision, even if the grounds of ineligibility in this matter were to be overcome on appeal, this request to withdraw the petition now renders it subject to automatic revocation without prior notice. See 8 C.F.R. § 205.1(a)(3)(iii)(C). Therefore, as the request to withdraw the original petition was received before the issuance of our decision in this matter, the issues in this proceeding are now moot, and the appeal will be dismissed on this basis. ORDER: The appeal is dismissed based on the withdrawal of the petition by the petitioner.
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