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 substance of the proposed endeavor; it addresses only whether the Petitioner's motion to reopen/reconsider was timely filed.
How the evidence was treated
- other · credited
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Notable
This decision does not reach the merits of the NIW petition at all; it solely concerns whether the Director erred in dismissing the Petitioner's motion to reopen/reconsider as untimely. The AAO found the I-290B was received 32 days after the decision, within the 33-day mailing deadline, and remanded for adjudication of the motions on the merits.
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. 103.3
- 8 C.F.R. 103.5
What this case teaches
Analyst reading of the decision text.
The Director erroneously deemed the motion untimely; AAO found it was received 32 days after decision, within the 33-day mailing window, requiring remand for merits adjudication.
Always retain and submit mailing/delivery proof to rebut untimeliness findings; procedural miscalculations can be corrected on appeal even without reaching NIW merits.
vague
mixed
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