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 specifics of the Petitioner's proposed endeavor.
This record is one of thousands, each coded for the reasons it turned. A placement shows where your profile sits in that record, not what it predicts. See where your profile sits — 90 seconds →
Notable
This decision is purely procedural: the Director only adjudicated the motion to reconsider despite the Petitioner filing a combined motion to reopen and reconsider. The AAO withdrew the Director's decision and remanded solely for the Director to also adjudicate the motion to reopen, expressing no opinion on the merits of the NIW eligibility itself. No prong analysis occurs.
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
What this case teaches
Analyst reading of the decision text.
The Director failed to adjudicate the Petitioner's motion to reopen (only ruled on motion to reconsider), requiring remand for that motion to be addressed before any merits resolution.
When filing combined motions to reopen and reconsider, confirm the agency addresses both explicitly, as failure to adjudicate one is independently remandable error.
vague
mixed
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