Dismissed
EB-2
EB-2 Dismissed — Unknown (2011): the underlying petition was denied for abandonment after
Decision Summary
The appeal was rejected because the underlying petition was denied for abandonment after the petitioner failed to respond to a request for evidence, and a denial due to abandonment is not appealable. As an alternative reason, the AAO also found that the appeal was filed untimely, 41 days after the decision was issued.
Criteria Discussed
Denial For Abandonment (8 C.F.R. § 103.2(B)(13)(I)) Non-Appealability Of Abandonment Denial (8 C.F.R. § 103.2(B)(15)) Untimely Filing Of Appeal (8 C.F.R. § 103.3(A)(2)(I))
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