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, as this motion concerns only the timeliness of a prior motion filing rather than the merits of the NIW petition.
How the evidence was treated
- other · discounted
“the evidence presented by the Petitioner is inconclusive as to a receipt date”
AAO decision text
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
Purely procedural decision addressing timeliness of a second combined motion to reopen/reconsider (third motion overall); no substantive NIW merits (prong 1/2/3 or threshold EB-2) analysis occurs. AAO scrutinized USPS tracking data and shipping envelopes to find the motion was untimely, and noted credibility concerns with the Petitioner's delivery evidence for both the first and second motions.
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
What this case teaches
Analyst reading of the decision text.
Petitioner's motions to reopen/reconsider were dismissed because she failed to prove timely filing of prior motions and submitted no new evidence or legal error showing the prior dismissal was wrong.
Preserve definitive, verifiable delivery/tracking evidence (USPS confirmation tied explicitly to the filing) when contesting rejection of a motion as untimely.
vague
person_focused
Cases in adjacent profiles
- The Petitioner, an aircraft mechanic and instructor, proposed to enhance aviation maintenance training programs, support
- The Petitioner seeks EB-2 classification as a member of the professions holding an advanced degree with a national inter
- The petitioner sought an EB-2 national interest waiver of the job offer requirement, but the substance of the proposed e
- The Beneficiary, sponsored by a private airline, sought EB-2 classification as an individual of exceptional ability in a
- The petitioner sought an EB-2 national interest waiver as a member of the professions holding an advanced degree; the sp