dismissed EB-2

dismissed EB-2 Case: Unknown

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

Decision Summary

The petitioner requested to withdraw the petition after the initial denial but before the AAO issued its decision. The AAO determined that this request made the issues in the proceeding moot and, therefore, dismissed the appeal.

Criteria Discussed

Not specified

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identifying data deleted to 
prevent clearly imwsrranted 
invasion of personal privacy 
U.S. Department of EIomeland Security 
U.S. Citizenship and Immigration Services 
Oflce ofAdministrative Appeals MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
FILE: Office: NEBRASKA SERVICE CENTER Date: 
LIN 06 254 52514 
 0 8 2009 
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. $ 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 mus.t be made to that office. 
DISCUSSION: The immigrant visa petition was denied by the director, Nebraska Service Center. The 
matter is now before the AAO on appeal. On May 26, 2009, the petitioner requested that the petition be 
withdrawn. Title 8 C.F.R. $ 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withdrawn once a decision is issued by U.S. Citizenship and Immigration Services.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 
205.1(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. 
is dismissed as moot. 
\ 
Acting Chief, Administrative Appeals Office 
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