dismissed EB-2

dismissed EB-2 Case: Unknown

📅 Date unknown 👤 Individual 📂 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The appeal was dismissed because the petitioner, through counsel, requested that the appeal and petition be withdrawn before the AAO issued a decision.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

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. . 
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counsel, requested that the appeal and the petition be withdrawn.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petition may not be withdrawn once a decision is issued by U.S. Citizenship and Immigration 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 
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