This is an AAO appeal decision — a case denied once and appealed. It shows how the framework is applied; it is not the filing population.
The decision does not describe the underlying endeavor; it addresses only the procedural timeliness of the Petitioner's third motion following denial of an NIW petition.
How the evidence was treated
- motion resubmission · discounted
“the regulations do not contemplate an exception for the untimely filing of a motion to reconsider”
AAO decision text
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Notable
Purely procedural decision on a third motion (combined motion to reopen/reconsider) following two prior dismissed motions for untimeliness; the AAO expressly declined to reach the merits of NIW eligibility, noting the AAO Practice Manual permits excusing late motions to reopen but not late motions to reconsider.
Authorities this decision leans on
From the doctrinal survivor set — 187 authority tests across 47 distinct authorities cleared the differential-lift gates. Only those appear here.
- 8 C.F.R. 103.5(a)(1)(i)
- 8 C.F.R. 103.5(a)(2)
- 8 C.F.R. 103.5(a)(3)
- 8 C.F.R. 103.5(a)(4)
What this case teaches
Analyst reading of the decision text.
The prior motion to reconsider was untimely filed beyond the 33-day deadline, and no regulatory exception exists for late motions to reconsider (unlike motions to reopen), so AAO could not reach the merits.
Strictly meet the 33-day filing deadline for motions to reconsider; unlike motions to reopen, no good-faith or unintentional-error exception excuses late filing.
vague
mixed
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