dismissed EB-2

dismissed EB-2 Case: Unknown

๐Ÿ“… Date unknown ๐Ÿ‘ค Individual ๐Ÿ“‚ 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

Sign up free to download the original PDF

View Full Decision Text
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requested that the petition be withdrawn.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application or petition may not be withdrawn once a decision is issued by U.S. Citizenship and 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 
Using this case in a petition? Let MeritDraft draft the argument →

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.