AAO research
EB-1A appeal timeliness — AAO decision APR132009_02B2203: Untimely appeal rejected; remanded to director for further consideration and a new decision on…
Decision summary: The AAO untimely appeal rejected; Remanded to director for further consideration and a new decision on the treated motion. AAO found the deficient-counsel submission did not satisfy the then-required documentation, but found the untimely appeal met requirements for a motion to reopen and reconsider. It directed the director to review the entire record, including appeal evidence, and decide the motion. Underlying merits were not decided. Date discrepancy: PDF cover prints APR 3 2009 while filename/decision ID says APR132009.
Source limitation: The review record contains a source hold or limitation. Read the limitation below before relying on any case detail; unresolved facts are not treated as findings.
Scope classification from review: EB-1A procedural remand, no independent criterion or final-merits determinations.. This is a source-review label, not a legal conclusion.
Decision snapshot
Decision ID | APR132009_02B2203 |
|---|---|
Decision date as printed | April 3, 2009 (cover date; source identifier says APR132009) |
Classification / field stated in source | Appeal rejected as untimely; treated as motion to reopen and reconsider; Remanded |
Procedural posture | Appeal filed 86 days after a January 25, 2008 director decision. Petitioner alleged prior counsel failed to inform her and sought relief for deficient counsel performance. |
Operative disposition | Untimely appeal rejected; Remanded to director for further consideration and a new decision on the treated motion. |
Final-merits status | Not reached; director must review the motion and record on remand. |
What the AAO decision addressed
AAO found the deficient-counsel submission did not satisfy the then-required documentation, but found the untimely appeal met requirements for a motion to reopen and reconsider. It directed the director to review the entire record, including appeal evidence, and decide the motion. Underlying merits were not decided. Date discrepancy: PDF cover prints APR 3 2009 while filename/decision ID says APR132009.
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 holds and limits
true
Source-cited findings recorded in review
claim: Cover date visibly reads APR 3 2009; source ID and filename encode APR132009. This date mismatch is unresolved.; pages: 1
claim: Director decision was issued January 25, 2008; appeal dated April 19 and received April 21, 86 days later.; pages: 2
claim: AAO says deficient-counsel claim lacked required supporting materials, but the untimely appeal met motion-to-reopen and reconsider requirements.; pages: 2; 3
claim: AAO rejects appeal as untimely and remands for director review of all evidence and a new decision.; pages: 3
How this record may be used in research
Comparison scope: Held from publication and any date-based aggregation pending resolution of cover/identifier conflict.
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
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Leading or critical role research
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