dismissed
L-1A
dismissed L-1A Case: Unknown
Decision Summary
The appeal was rejected because it was not filed in a timely manner. The petitioner filed the appeal 41 days after the director's decision was mailed, which is outside the 33-day filing period. The director declined to treat the late appeal as a motion to reopen or reconsider.
Criteria Discussed
Timeliness Of Appeal Motion To Reopen Motion To Reconsider
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identifying data dele~ed tu prevent dearly unw- F 4nvasbn of wrsonal primct PUBLIC COPY U.S. Department of Homeland Security 20 Mass. Ave., N.W., Rm. A3000 Washington, DC 20529 U. S. Citizenship and Immigration Services File: SRC 00 215 5 173 1 Office: TEXAS SERVICE CENTER Date: SEp 6 1006 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 1 10 1 (a)(15)(L) IN BEHALF OF PETITIONER: INSTRUCTIONS : This is the decision of the Administrative Appeals Office 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. Robert P. Wiemann, Chief Administrative Appeals Office SRC 00 215 51731 Page 2 DISCUSSION: The Director of the Texas Service Center denied the nonirnmigrant visa petition, and the matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be rejected as untimely filed. The regulation at 8 C.F.R. 5 103.3(a)(2) requires an affected party to file the complete appeal within 30 days after service of the decision or, in accordance with 8 C.F.R. 5 103.5a(b), within 33 days if the decision was served by mail. The record indicates that the decision of the director was mailed to counsel of record for the petitioner on February 14, 2001. Counsel for the petitioner filed an appeal with the Texas Service Center on March 27, 2001, 41 days after the decision was mailed. Thus, the appeal was not timely filed and must be rejected pursuant to 8 C.F.R. 9 103,3(a)(2)(v)(B)(l). The regulation at 8 C.F.R. ยง 103.3(a)(2)(v)(B)(2) states that, if an untimely appeal meets the requirements of a motion to reopen as described in 8 C.F.R. 5 103.5(a)(2) or a motion to reconsider as described in 8 C.F.R. ยง 103.5(a)(3), the appeal must be treated as a motion, and a decision must be made on the merits of the case. The official having jurisdiction over a motion is the official who made the last decision in the proceeding, in this case the service center director. See 8 C.F.R. ยง 103.5(a)(l)(ii). The director declined to treat the late appeal as a motion and forwarded the matter to the AAO. As the appeal was untimely filed, the appeal must be rejected. ORDER: The appeal is rejected.
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