dismissed L-1A

dismissed L-1A Case: Unknown

📅 Date unknown 👤 Company 📂 Unknown

Decision Summary

The appeal was rejected because the petitioner failed to respond to multiple requests to submit a reconstructed petition after the original file was lost. Since the petitioner did not provide the requested documentation within the allotted time, the petition was considered abandoned. The AAO's decision was therefore based on procedural grounds, not the merits of the initial denial.

Criteria Discussed

Qualifying Corporate Relationship Abandonment Of Appeal

Sign up free to download the original PDF

View Full Decision Text
U.S. Department of Homeland Security 
20 Massachusetts Ave. N.W. Rm. A3042 
Washington, DC 20529 
zdentifidng data  dele^ to 
 U.S. Citizenship 
prevmt dear?y unwarrantd 
 and Immigration 
invdon of versonil1 privacr 
FILE : WAC 99 109 5 1792 Office: CALIFORNIA SERVICE CENTER Date:ju[ 1 4 Zm6 
IN RE: Petitioner: 
Beneficiary: 
PETITION: 
 Petition for a Nonimmigrant Worker Pursuant to Section 10 1 (a)(15)(L) of the 
Immigration and Nationality Act, 8 U.S.C. 5 11 01 (a)(15)(L) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS : 
This is the decision of the Administrative Appeals Office in your case. If you wish to file a motion to 
reopen, it must be filed within 30 days of the date of this decision, 33 days if the decision is mailed, with 
a fee of $385. 
Robert P. Wiemann, ~def 
' Administrative Appeals Office 
+$ 
LIN042.5051868 
Page 2 
DISCUSSION: The nonimmigrant visa petition was denied by the Director, California Service Center, and 
the matter is now before the Administrative Appeals Office (AAO) on appeal. The AAO will reject the 
appeal due to abandonment. 
The director denied the petition on April 1, 1999 for failure to establish that a qualifying relationship existed 
between the petitioner and the foreign entity. On April 29, 1999, counsel for the petitioner filed Form 
I-290B, accompanied by a brief and additional evidence, with the California Service Center. Upon review of 
the record, the Service Center noted that the subject file had been lost, and requested that the petitioner 
submit a reconstructed petition and all supporting documentation, including the director's denial, in order to 
reconstruct the missing file. This request was generated on December 13, 2001, and was mailed to the 
petitioner's counsel. 
A second request for a reconstructed petition and supporting documents was mailed to the address on file on 
November 4,2002. The request specifically required the petitioner to submit the requested documentation by 
January 27, 2003. This correspondence was returned to the Service Center marked "undeliverable as 
addressed." 
Pursuant to 8 C.F.R. 8 103.2@)(8), the petitioner was given notice of the evidence required to process the 
appeal on two separate occasions, and was granted twelve weeks to respond to the formal request issued on 
November 4, 2003. Since the petitioner did not respond to the requested within the allotted time period, the 
petition is considered abandoned and hereby denied pursuant to 8 C.F.R. 5 103.2(b)(13). 
A denial due to abandonment may not be appealed. However, there are limited motion rights. The petitioner 
may file a motion to reopen a petition or application denied due to abandonment with evidence that the 
decision was in error because: 
1. The requested evidence was not material to the issue of eligibility; 
2. The required initial evldence was submitted with the application or petition, or the 
request for initial evidence or additional information or appearance was complied 
with during the allotted period; or 
3. The request for additional information or appearance was sent to an address other 
than that on the application, petition, or notice of representation, or that the applicant 
or petitioner advised Citizenship and Immigration Services (CIS), in writing, of a 
change of address or a change of representation subsequent to filing and before CIS'S 
request was sent, and the request did not go to the new address. 
ORDER: The petition is considered abandoned. The appeal is rejected. 
Using this case in a petition? Let MeritDraft draft the argument →

Avoid the mistakes that led to this denial

MeritDraft learns from dismissed cases so your petition avoids the same pitfalls. Get arguments built on winning precedents.

Avoid This in My Petition →

No credit card required. Generate your first petition draft in minutes.