remanded
EB-3
remanded EB-3 Case: Tailoring
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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
Bona Fide Job Offer Family Relationship Disclosure Willful Misrepresentation Motion To Reopen/Reconsider Procedure
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