NIW Bearings
dismissedJAN032023_01B52032023-01-03 · motion_reopen · 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 proposed endeavor; it addresses only a procedural motion to reopen concerning a signature defect on the prior appeal.

Read the decision (uscis.gov)

How the evidence was treated

  • motion resubmission · discounted
    Reasserting previously stated facts or resubmitting previously provided evidence does not constitute "new facts."
    AAO decision text

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Notable

This decision is purely procedural: it dismisses a motion to reopen because the Petitioner's underlying appeal was invalid for lacking a proper handwritten signature (an electronically-created signature was used), and the Petitioner failed to identify any new fact or error in the prior dismissal of the motion to reconsider. No NIW prong analysis (threshold, prong 1, 2, or 3) occurs in this decision; the substantive NIW merits were addressed only in a prior, unincluded 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)(i)
  • 8 C.F.R. 103.5(a)(2)
  • 8 C.F.R. 103.5(a)(3)
  • INA 203(b)(2)
  • Section 291 of the Act

Cases in adjacent profiles