dismissed
EB-2
dismissed EB-2 Case: Unknown
Decision Summary
The petitioner requested to withdraw the petition after the initial denial but before the AAO issued its decision on the appeal. This request renders the appeal moot, leading the AAO to dismiss the appeal on this procedural basis without addressing the merits of the case.
Criteria Discussed
Not specified
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
identifyinp data deleted o prevent clearly unwam invasion of personal privacy amV.tC COW U.S. Department of Homeland Security U.S. Citizenship and Immigratton Serwces Office ofAdmlnistrative Appeals, MS 2090 Washington, DC 20529-2090 U.S. Citizenship and Immigration IN RE: 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 lmmigration 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 (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, Nebraska Service Center. The matter is now before the Administrative Appeals Office (AAO) on appeal. On November 6, 2009, the petitioner requested that the petition be withdrawn. Title 8 C.F.R. 5 103.2(b)(6), however, indicates that an application or petition may not be withdrawn once a decision is issued by U.S. Citizenship and Immigration Services.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. 5 205.1(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. Chief, Administrative Appeals Office
Avoid the mistakes that led to this denial
MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.
Avoid This in My Petition →No credit card required. Generate your first petition draft in minutes.