dismissed
EB-2
dismissed EB-2 Case: Unknown
Decision Summary
The appeal was dismissed because the petitioner, through counsel, requested that the appeal and petition be withdrawn before the AAO issued a decision. This action rendered the issues in the proceeding moot.
Criteria Discussed
Withdrawal Of Petition
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
. . identifying data deleted do prevent clearly unwarranted invwim of personal privacy PUBLIC COPY U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Office of Administrative Appeals MS 2090 Washington, DC 20529-2090 U. S. Citizenship and Immigration FILE: Office: TEXAS SERVICE CENTER Date: AUG 2 3 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. 5 1 153(b)(2) ON BEHALF OF PETITIONER: INSTRUCTIONS: This is the decision of the Administrative Appeals Office (AAO) 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. DISCUSSION: The immigrant visa petition was denied by the director, Texas Service Center. The matter is now before the AAO on appeal. On August 3, 2010, the petitioner, through counsel, requested that the appeal and the petition be withdrawn. The withdrawal may not be retracted. 8 C.F.R. fj 103.2(b)(6). Further, the regulation at 8 C.F.R. fj 103.2(b)(6) indicates that a petition may not be withdrawn once a decision is issued by U.S. Citizenship and Immigration Services.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, the petitioner's request to withdraw the petition now renders it subject to automatic revocation without prior notice. See 8 C.F.R. 5 205.l(a)(3)(iii)(C). Therefore, as the request to withdraw the original petition was received before the issuance of the AAO's Page 2 decision in this matter, the issues in this proceeding are now moot, and the appeal may be dismissed on this additional basis. ORDER: The appeal is dismissed based on its withdrawal by the petitioner. n Perry Rhew 1 l Chief, Administrative Appeals Office
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.