AAO research

AAO EB-1A decision APR062009_03B2203: Appeal timeliness

AAO EB-1A decision APR062009_03B2203: Appeal timeliness

EB-1A appeal timeliness — AAO decision APR062009_03B2203: Motion dismissed. Review source status, procedural posture and the official USCIS PDF.

Decision summary: AAO decision APR062009_03B2203: Motion dismissed. Motion was filed beyond the 30-day period and no basis to excuse lateness was shown; the motion also did not establish reconsideration grounds. Prior decision found alleged Newsweek cover was not authentic and explanation lacked credibility.

Source reviewed: This page summarizes the specific AAO source and posture recorded in the completed source-review tracker. It does not turn a nonprecedent decision into a general rule.

Scope classification from review: EB-1A-related motion; merits of criteria not reached.. This is a source-review label, not a legal conclusion.

Decision snapshot

Decision ID

APR062009_03B2203

Decision date as printed

April 6, 2009

Classification / field stated in source

EB-1A motion to reconsider; dismissed as untimely and insufficient

Procedural posture

Motion challenged a prior AAO dismissal involving a purported Newsweek cover and fraud/authenticity findings. Filed approximately 50 days after August 7, 2006 decision; initial motion gave no arguments/evidence; later brief disputed the prior image finding.

Operative disposition

Motion dismissed.

Final-merits status

Not reached by AAO in this procedural disposition; any underlying director findings are recited rather than re-adjudicated.

What the AAO decision addressed

Motion was filed beyond the 30-day period and no basis to excuse lateness was shown; the motion also did not establish reconsideration grounds. Prior decision found alleged Newsweek cover was not authentic and explanation lacked credibility.

Criterion-by-criterion status in this source

These labels reproduce the source-review record. “Not considered,” “not reached,” and “not coded” do not mean the criterion failed. A Director finding recited as background is not an AAO holding unless the decision says so.

Criterion

Source-review status

Awards

Not reached — source PDF

Membership

Not reached — source PDF

Published material about the person

Not reached — source PDF

Judging the work of others

Not reached — source PDF

Original contributions of major significance

Not reached — source PDF

Scholarly authorship

Not reached — source PDF

Artistic display or showcases

Not coded — source PDF

Leading or critical role

Not reached — source PDF

High salary or remuneration

Not reached — source PDF

Commercial success in the performing arts

Not reached — source PDF

Source-cited findings recorded in review

  • claim: Decision cover is dated April 6, 2009 and identifies extraordinary-ability petition.; pages: 1

  • claim: AAO describes a motion filed September 26, 2006, approximately 50 days after its August 7, 2006 decision; initial motion contained no evidence or arguments.; pages: 2

  • claim: Later brief challenged a prior finding about an alleged Newsweek cover; earlier record described FujiFilm photo paper, tilted/undated image, and no corroborating article; motion dismissed.; pages: 3

How this record may be used in research

Comparison scope: Procedural-only; exclude from criterion/outcome aggregation.

Page-level source trail

Use the official PDF and the cited physical page numbers to check each statement.

How to use this record

This is a historical, nonprecedent AAO decision about its own administrative record. It is not a prediction, success rate, or current filing instruction. Compare the issue and procedural stage before drawing an analogy. The current framework is in the USCIS Policy Manual, Volume 6, Part F, Chapter 2.

Related corpus research

  • Full-corpus research index

  • Published material about the person research

  • Leading or critical role research

  • Untimely research

Browse the AAO decision index · Read EB-1A evidence guides · Review source and correction methodology.

Primary source

Official USCIS AAO decision PDF for APR062009_03B2203