dismissed EB-2

dismissed EB-2 Case: Unknown

📅 Date unknown 👤 Organization 📂 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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View Full Decision Text
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withdrawn.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withdrawn once a decision is issued by U.S. Citizenship and Immigration Services.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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