dismissed EB-2 NIW

dismissed EB-2 NIW Case: Unknown

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

Decision Summary

The appeal was dismissed as moot. The petitioner requested to withdraw the petition before the AAO issued its decision, which, per regulation, renders the issues in the proceeding moot.

Criteria Discussed

Not specified

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View Full Decision Text
(b)(6)
U.S. Department of Homeland Security 
U.S. Citizenship and Immigration Service 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
DATE: JUL 2 3 2013 OFFICE: NEBRASKA SERVICE CENTER FILE: 
INRE: 
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: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office (AAO) in your case. All of the 
documents related to this matter have been returned to the office that originally decided your case. Please 
be advised that any further inquiry that you might have concerning your case must be made to that office. 
DISCUSSION: The immigrant visa petition was denied by the Director, Nebraska Service Center 
(director). The matter is now before the AAO on appeal. On June 28, 2013, the petitioner, through 
counsel, requested that the petition be withdrawn. Title 8 C.P.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application or petition may not be withdrawn once a decision is issued by U.S. Citizenship and 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. 
Ron Rosenberg 
Acting Chief, Administrative Appeals Office 
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