dismissed
EB-2
dismissed EB-2 Case: Unknown
Decision Summary
The appeal was dismissed as moot. The petitioner requested to withdraw the petition after the initial decision was issued but before the AAO rendered a decision on the appeal, which made the proceeding moot.
Criteria Discussed
Not specified
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(b)(6) lJ.S. Department of Homeland Security U.S. Citizenship and Immigration Service s Administrative Appeals Office (AAO) 20 Massachusett s Ave. , N.W., MS 2090 Washington , DC 20529-2090 U.S. Citizenship and Immigration Services DATE: MAY 2 2 2014 OFFICE: NEBRASKA SERVICE CENTER FILE: IN RE: PETITION: Petitioner: Beneficiary : 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. ยง 1153(b)(2) ON BEHALF OF PETITIONER: DISCUSSION: The Director, Nebraska Service Center, denied the immigrant visa petition and the matter is now before the Administrative Appeals Office (AAO) on appeal. On April 25, 2014, the petitioner requested that the petition be withdrawn. Title 8 C.F.R. ยง 103.2(b)(6), however, indicates that an application or petition may not be withdrawn once a decision is issued by U.S. Citizenship and Immigration Services.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. ยง 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. ORDER: The appeal is dismissed as moot. Ron Rosenberg Chief, Administrative Appeals Office
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