dismissed EB-2

dismissed EB-2 Case: Unknown

📅 Date unknown 👤 Company 📂 Unknown

Decision Summary

The appeal was dismissed as moot because the petitioner submitted a request to withdraw the petition after the initial denial but before the AAO issued its decision. This request rendered the issues in the proceeding moot and subjected the petition to automatic revocation.

Criteria Discussed

Not specified

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U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Services 
Office of Administrative Appeals MS 2090 
Washington, DC 20529-2090 
U. S. Citizenship 
and Immigration 
Services 
LIN 07 146 51631 
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 
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 (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 AAO on appeal. On September 26, 2007, the petitioner 
requested that the petition be withdrawn. The regulation at 8 C.F.R. fj 103.2(b)(6) states 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application or petition may not be withdrawn once a decision is issued by U.S. Citizenship and 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. 8 C.F.R. fj 205.l(a)(3)(iii)(C). Therefore, 
as the request to withdraw the petition was received before the issuance of the AAO's decision, 
the issues in this proceeding are now moot, and the appeal will be dismissed. 
ORDER: The appeal is dismissed as moot. 
chief, ~dministrativi Appeals Office 
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