dismissed O-1A Case: Unknown

'identifyingdatadeletedto
preventclearlyunwarranted
invasionofpersonalprivacy
U.S. Department of Homeland Security
20 Mass. Ave., N.W., Rm. 3000
Washington, DC 20529
u.s.Citizenship
and Immigration
Services
pUBLICcopy
FILE: EAC 03 238 53799 Office: VERMONT SERVICE CENTER Date: JAN 30 2008
INRE: Petitioner:
Beneficiary:
PETITION: Petition for a Nonimmigrant Worker Pursuant to Section 101(a)(l5)(O)(i) of the Immigration
and Nationality Act, 8 U.S.C. § IIOI(a)(l5)(O)(i)
ON BEHALF OF PETITIONER:
SELF-REPRESENTED
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.
~~::;. w~~~e~
;' - ,/ Administrative Appeals Office
www.uscis.gov
EAC 03 238 53799
Page 2
DISCUSSION: The Director, Vermont Service Center, denied the nonimmigrant visa petition. The matter is
now before the Administrative Appeals Office (AAO) on appeal. The appeal will be rejected.
8 C.F.R. § 103.3(a)(l)(iii)(B) states that, for purposes of appeals, certifications, and reopening or reconsideration,
the term "affected party" means the person or entity with legal standing in a proceeding. 8 C.F.R.
§ 103.3(a)(2)(v) states that an appeal filed by a person or entity not entitled to file it must be rejected as
improperly filed. In such a case, any filing fee Citizenship and Immigration Services has accepted will not be
refunded.
the petitioner, nor any attorney or accredited representative of the
On the Form I-290B Notice of Appeal, _identified
g od standing of the bar" of the "New York Supreme Court."e
- •••••••• ••• 1
• •
Here, the party that fi
petitioner, but rather
himself as "an attorney
On October 23, 2006, the AAO wrote to _ stating, in part:
The Form G-28 submitted with the petition does not establish your eligibility to appear as an
attorney as defined in 8 C.F.R. § 1.1(f) and as required in 8 C.F.R. §§ 103.2 and 292.1.
Pursuant to 8 C.F.R. § 292.4(a), further proof of your authority to appear as an attorney is
required. Please forward a properly completed Form G-28 to the undersigned within fifteen
(15) days of the date of this letter. . .. In addition, please provide a copy of a current Bar
Admission Certificate or Card ... If a properly completed Form G-28 and a copy of your
Bard Admission Certificate or Card are not received during that time, the appeal may be
treated as if the petitioner is not represented.
To date, the record contains no response from Therefore,_ has failed to establish that he
is either an attorney in good standing, or an accredited representative of a recognized organization. Therefore,
_ has failed to establish standing to file an appeal on the petitioner's behalf.
As the appeal has not been filed by the petitioner, or by any entity with legal standing in the proceeding, the
appeal has not been properly filed, and must be rejected.
ORDER: The appeal is rejected.