NIW Bearings
dismissedDEC042023_03B52032023-12-04 · combined · Texas Service Center

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 a combined motion to reopen and reconsider a prior appellate dismissal.

Read the decision (uscis.gov)

How the evidence was treated

  • motion resubmission · discounted
    The Petitioner has not submitted additional evidence in support of the motion to reopen
    AAO decision text

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Notable

This decision addresses only procedural sufficiency of a combined motion to reopen/reconsider; the AAO never reaches the substantive NIW prongs. The Petitioner also raised an irrelevant Fourth Amendment claim, which the AAO rejected as unrelated to the grounds of the prior unfavorable decision.

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)(ii)
  • 8 C.F.R. 103.5(a)(2)
  • 8 C.F.R. 103.5(a)(3)
  • 8 C.F.R. 103.5(a)(4)
  • Matter of Coelho
  • Matter of O-S-G-

Cases in adjacent profiles