dismissed EB-2 NIW Case: Unclear

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PUB1,TC COPY 
U.S. Department of Homeland Security 
U.S. Citizenship and ltntnigration Services 
Office of Au'll~i~~i.rtrtrtive ,4ppenls MS 2090 
Washington. DC' 20529-2090 
U. S. Citizenship 
and Immigration 
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, Texas Service Center. The matter is 
now before the AAO on appeal. On March 26, 2010, the petitioner requested that the petition be withdrawn. 
Title 8 C.F.R. 5 103.2(b)(6), however, indicates that an application or petition may not be withdrawn once a 
decision is issued by U.S. Citizenship and lmmigration 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. 5 205. I(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. 
R: The appeal is dismissed as moot. 
0 
Perry Rhew 
Chief, Administrative Appeals Office