EB-3 Remanded — Tailoring (2023): the Director improperly dismissed the petitioner's motion

Decision Summary

The appeal was remanded because the Director improperly dismissed the petitioner's motion to reopen and reconsider on a procedural technicality. The AAO found the Director erred by not considering the evidence and arguments presented by the petitioner regarding the claims of no pre-existing family relationship, the existence of a bona fide job offer, and the lack of willful misrepresentation.

Criteria Discussed

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