Matter of H-G-G-, Adopted Decision 2019-01 (AAO July 31, 2019) For purposes of adjustment of status under section 245 of the Act, a recipient of Temporary Protected Status (TPS) is considered as being in and maintaining lawful status as a nonimmigrant... Read More

Matthew Hoppock, Apr. 7, 2019 "After an informal policy shift last year led the USCIS to start denying human trafficking visas by misreading the statutory text, creating a requirement that never existed before, we’ve won our first appeal... Read More

"While the beneficiary is required to apply his business expertise in carrying out his job duties and perform some operational or administrative tasks, the petitioner has established by a preponderance of the evidence that the majority of the day... Read More

Official Headnotes: (1) The definition of “doing business” at 8 C.F.R. § 204.5(j)(2) (2014) contains no requirement that a petitioner for a multinational manager or executive must provide goods and or services to an unaffiliated third... Read More

"As immigration practitioners, we file H-1B visa petitions all the time. We know that in each petition, the employer must demonstrate that the position requires a professional in a specialty occupation and that the foreign national – the intended... Read More

Cyrus D. Mehta, May 9, 2016 - "Despite the shrill rejection of globalization in the current presidential election cycle, the Appeals Administrative Office (AAO) has thankfully bucked the trend. It recently designated Matter of Z-A- Inc . as an “Adopted... Read More

Matter of O-A-, Inc., ID# 84300 (AAO Mar. 15, 2017) - "The provisional certificate, together with her statement of marks, demonstrates that the Beneficiary completed all the substantive requirements and that the university approved her degree. The... Read More

Brian Schmitt writes: "For about a 9-10 month period, the USCIS CSC was very hostile towards I-612 hardship and persecution cases. We received an RFE on almost every case we filed. We overcame just about all of the RFEs except for the one we received... Read More

Matter of D-M-V-, ID# 15302 (AAO Jan. 28, 2016) - "The Applicant was found to be inadmissible to the United States pursuant to section 212(a)(2)(A)(i)(I) of the Act, 8 U.S.C. § 1182(a)(2)(A)(i)(I), for having been convicted of crimes involving... Read More

Matter of A-A-N-V-, ID# 14511 (AAO Feb. 26, 2016) - "The record reflects that on 1997, in the Fifteenth Judicial Circuit Court, Florida, the Applicant was convicted of Burglary of Conveyance, a third degree felony, in violation for Fla. Stat.§... Read More

USCIS Policy Memo PM-602-0133 (May 13, 2016) - "This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of L-S-M- as an Adopted Decision. Accordingly, this adopted decision establishes policy... Read More

"Upon reconsideration, the AAO concludes that the petitioner has met her burden of demonstrating that she was the victim of substantial abuse. Specifically, our prior decision failed to acknowledge that although the individual acts to which the petitioner... Read More

Scott D. Pollock writes: "Here is a nice decision we got from the AAO that overturns a previous denial of an I-601 for both 212(a)(9)(B) and 212(i) waivers. The qualifying relative U.S. citizen husband is an entrepreneur who is engaged in expanding... Read More

"Mohsin H. Siddiqui, a native of Pakistan, appeals the denial of his legalization applications by the Administrative Appeals Office (“AAO”), the appellate body of the U.S. Citizenship and Immigration Services (“USCIS”). Siddiqui... Read More

"When considered in the aggregate, the documentation provided regarding the qualifying spouse's medical, emotional and financial hardships demonstrate that the qualifying spouse would suffer extreme hardship were she to remain in the United States... Read More