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 petitioner, a millinery artist, sought EB-2 classification with a national interest waiver; the specific proposed endeavor is not described in this procedural motion decision, which instead concerns the revocation of a previously approved petition.
Field: millinery/fashion design · Read the decision (uscis.gov)
How the evidence was treated
- other · discounted
“the Petitioner's affidavit does not indicate she informed her former counsel of the allegations of ineffective assistance”
AAO decision text
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Notable
This decision does not reach the merits of the NIW petition (advanced degree/exceptional ability or Dhanasar prongs). It is a purely procedural motion decision: the motion to reconsider is denied as untimely (filed more than 30 days after the AAO's summary dismissal), and the motion to reopen is denied because the Petitioner's affidavit failed to satisfy the Matter of Lozada threshold requirements for an ineffective assistance of counsel claim (no evidence she notified former counsel of the allegation or explained failure to file a bar complaint).
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)
What this case teaches
Analyst reading of the decision text.
Motion to reconsider was untimely filed beyond 30 days, and the motion to reopen failed because the affidavit did not substantially comply with Lozada's ineffective-assistance-of-counsel requirements.
Meet strict filing deadlines and fully satisfy Lozada documentary requirements (notice to former counsel, bar complaint or explanation) before alleging ineffective assistance to reopen a case.
vague
mixed
Cases in adjacent profiles
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- The petitioner, a tattoo artist, sought EB-2 classification as an individual of exceptional ability along with a nationa
- The Petitioner, an MMA athlete and trainer, proposed to operate a jiu jitsu company through which he would train and com
- The Petitioner sought to establish an arts education academy in Ohio, with plans to expand to New York and Michigan, off
- The Petitioner, an art curator, proposed to establish a nonprofit cultural center/platform focused on exhibitions, oral