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. This request to withdraw renders the petition subject to automatic revocation and makes the issues in the appeal moot, therefore the appeal was dismissed.
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 LIN 07 269 52936 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. $ 1 153(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 On January 20, 2010, the petitioner requested that the petition be withdrawn. The regulation at 8 C.F.R. 5 103.2(b)(6) states that an application or petition may not be withdrawn once a decision is issued by U.S. Citizenship and Immigration Services.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. ยง 205.1 (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. Perry Rhew Chief, Administrative Appeals Office
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