dismissed EB-2

dismissed EB-2 Case: Unknown

📅 Date unknown 👤 Company 📂 Unknown

Decision Summary

The director initially denied the petition. While the case was before the AAO on certification, the petitioner requested to withdraw it. The AAO determined that this withdrawal request, made before the AAO's decision, rendered the issues moot and subjected the petition to automatic revocation, and therefore denied the petition.

Criteria Discussed

Not specified

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U.S. Department of Homeland Security 
U.S. Citizenship and immigration Services 
Office ofAdministrative Appeals MS 2090 
Washington. DC 20529-2090 
U.S. Citizenship 
and Immigration 
FILE: Office: TEXAS SERVICE CENTER Date: My 2 8 2018 
C 
IN RE: Petitioner: 
Beneficiary: 
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 certification. On April 26,2010, the petitioner requested that the matter 
be withdrawn. The regulation at 8 C.F.R. 5 103.2(b)(6) states 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withdrawn once a decision is issued by U.S. Citizenship and Immigration Services.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provision, even if the grounds of ineligibility identified by the director were withdrawn by the AAO on 
certification, this request to withdraw the petition now renders it subject to automatic revocation without 
prior notice. 8 C.F.R. 5 205.1(a)(3)(iii)(C). Therefore, as the request to withdraw the petition was 
received before the issuance of the AAO's decision, the issues in this proceeding are now moot, and the 
petition will be denied. 
ER: The petition is denied. 
bill 
~eiry Rhew 
Chief, Administrative Appeals Office 
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