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AAO EB-1A decision APR132009_02B2203: Appeal timeliness

AAO EB-1A decision APR132009_02B2203: Appeal timeliness

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

  • Full-corpus research index

  • Published material about the person research

  • Leading or critical role research

  • Performance sector research

  • Untimely research

  • Remand research

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

Primary source

Official USCIS AAO decision PDF for APR132009_02B2203