dismissed
EB-2
dismissed EB-2 Case: Unknown
Decision Summary
The appeal was dismissed as moot because the petitioner requested to withdraw the petition after the director's initial decision but before the AAO issued a decision on the appeal. The AAO determined this request rendered the proceedings moot, leading to the dismissal.
Criteria Discussed
Withdrawal Of Petition
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U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Office ofAdministrative Appeals MS 2090 A- invasion of pe'%~Zi-ai p;i-!%j Wash~ngton, DC 20529-2090 U. S. Citizenship and Immigration PUBLIC Services LIN 07 045 52662 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 1153(b)(2) ON BEHALF OF PETITIONER: INSTRUCTIONS: This is the decision of the Administrative Appeals Office (MO) 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, Nebraska Service Center. The matter is now before the MO on appeal. On May 12, 2009, the petitioner requested that the petition be withdrawn. Title 8 C.F.R. fj 103.2(b)(6), however, indicates that an application or petition may not be withdrawn once a decision is issued by U.S. Citizenship and Immigration Services.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. fj 205.1(a)(3)(iii)(C). Therefore, as the request to withdraw the original petition was received before the issuance of the MO'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. Page 2 Acting Chief, Administrative Appeals Office
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