dismissed EB-2

dismissed EB-2 Case: Unknown

๐Ÿ“… Date unknown ๐Ÿ‘ค Organization ๐Ÿ“‚ Unknown

Decision Summary

The appeal was dismissed as moot because the petitioner requested to withdraw the petition. According to regulations, this request, made before the AAO's decision, renders the petition subject to automatic revocation and moots the issues in the proceeding.

Criteria Discussed

Withdrawal Of Petition

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View Full Decision Text
PURl.1(' ('OPV 
Date: JUN 21 cNl2e: TEXAS SERVICE CENTER 
IN RE: Petitioner: 
Beneficiary: 
FILE: 
u.s. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
AdministraLive Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
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. ยง 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 heen returned to the office that originally decided your case. Please be advised that any further 
inquiry that you might have concerning your case must he made to that office. 
DISCUSSION: The visa petition was revoked by the Director, Texas Service Center. The matter is now before the 
AAO on appeal. On June 8, 2012, the petitioner requested that the petition be withdrawn. Title 8 C.F.R. ยง 
103.2(b)(6), however, indicates that an application or petition may not be withdrawn once a decision is issued by 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. ยง 20S.1(a)(3)(iii)(C). Therefore, as the request to 
withdraw the original petition was received before the issuance of the AAO's 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 as moot. 
iยฃ' 11'[' III) il{ Y. A ~-. l :_~~ ~ยซ_~. .r L..__ 
~ryRhew 
(.J Chief, Administrative Appeals Office 
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