dismissed EB-2

dismissed EB-2 Case: Unknown

📅 Date unknown 👤 Individual 📂 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

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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petitioner requested that the petition be withdrawn.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an application or petition may not be withdrawn once a decision is issued by U.S. Citizenship and 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 
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