dismissed EB-2

dismissed EB-2 Case: Unknown

📅 Date unknown 👤 Individual 📂 Unknown

Decision Summary

The motions to reopen and reconsider were dismissed because the matter is moot. The beneficiary had already adjusted to lawful permanent resident status through a separate application filed by his spouse, which was approved prior to this decision.

Criteria Discussed

Alien Of Exceptional Ability

View Full Decision Text

U.S.Departmentof HomelandSecurity
U.S.CitizenshipandImmigrationServices
AdministrativeAppealsOffice (AAO)
20MassachusettsAve.,N.W.,MS2090
Washington,DC 20529-2090
U.S.Citizenship
.. and Immigration
Services
DATE: DN SÜ 2 Office: NEBRASKA SERVICECENTER FILE:
IN RE: Petitioner:
Beneficiary:
PETIT[ON: ImmigrantPetitionfor Alien Workerasa Memberof the ProfessionsHolding an Advanced
Degreeor an Alien of ExceptionalAbility Pursuantto Section203(b)(2)(A)of the
ImmigrationandNationalityAct,8 U.S.C.§ 1153(b)(2)(A)
ON BEHALF OF PETITIONER:
SELF-REPRESENTED
INSTRUCTIONS:
Enclosedpleasefind thedecisionof theAdministrativeAppealsOfficein yourcase.All of thedocuments
related to this matter have been returned to the office that originally decided your case. Pleasebe advised
that any further inquiry that you might haveconcerningyour casemustbe madeto that office.
Thank you,
Ron Rosenberg
Acting Chief,AdministrativeAppealsOffice
www.uscas.gov
Page2
DISCUSSION: The Director,NebraskaServiceCenter,deniedthe employment-basedimmigrant
visapetitiononJanuary31,2008. Thepetitionerappealedthedecisionand,onSeptember4, 2009,
theAdministrativeAppealsOffice(AAO)dismissedtheappeal.Thematteris nowbeforetheAAO
on a motionto reopenanda motionto reconsider.Themotionto reopenandmotionto reconsider
will bedismissed.
Thepetitionerseeksclassificationasan"alienof exceptionalability,"pursuantto section203(b)(2)(A)
of theImmigrationandNationalityAct(theAct),8 U.S.C.§ 1153(b)(2)(A).
Reviewof U.S.CitizenshipandImmigrationServices(USCIS)recordsindicatesthat,prior to thefiling
of the instantpetition,the alien filed Form I-485 Applicationto RegisterPermanentResidenceor
AdjustStatus,receiptnumbeMbased onhisspouse'sadjustment.USCISapproved
theapplicationon June15,2010.Becausethealienhasadjustedto lawful permanentresidentstatus,
furtherpursuitof thematterathandismoot.
ORDER: Themotionto reopenandthemotionto reconsideraredismissed,basedonthealien's
adjustmenttolawfulpermanentresidentstatus.

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