dismissed
EB-2
dismissed EB-2 Case: 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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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DISCUSSION: The visa petition was revoked by the Director, Texas Service Center.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 On June 8, 2012, the petitioner requested that the petition be withdrawn.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103.2(b)(6), however, indicates that an application or petition may not be withdrawn once a decision is issued by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.
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(.J Chief, Administrative Appeals Office Avoid the mistakes that led to this denial
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